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HISTORY OF 






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JOHN VAVASOUR NOEL 



* 



WITH NOTES ON 
THE REPUBLIC 
OF MEXICO 



PUBLISHED BY 

GUGQENHEIMER, WEIL & CO. 

PRINTERS, 

BALTIMORE, MD„ U. S. A. 

*902 




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THtl B?;ASY x>f 

CONGRESS. 
T*o Copied REcs<v€t> 

AUG. S3 1902 

COPVRK3HT ENTR> 

CLASsPcc XXc NO. 

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COPY B. 



COPYKIGHT, 1902 

BY 

GDGGENHEIMER, WEIL & CO, 






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* • • * 



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INDEX. 

PAGE 

Preface, 7 

CHAPTER I. 
General Review, 9 

CHAPTER ft. 
Initial Steps, „ 18 

CHAPTER III. 
The Delegates to the Congress, 31 

CHAPTER IV. 

From Washington to Mexico City, on the " State 
Department Special," 54 

CHAPTER V. 
At St. Louis, 59 

CHAPTER VI. 

The Workshop of the Congress — Mexican Hospi- 
tality, 6$ 

CHAPTER VII. 
The Position of the United States Delegation, ... 69 

CHAPTER VIII. 
The Press, j$ 



4 Index 

CHAPTER IX. 

PAGE 

Formal Opening of the Congress,,.. 83 

CHAPTER X. 
Early Sessions, 92 

Venezuela-Colombia Incident. 
The Regulations. 
Election of Officers. 

CHAPTER XI. 
Arbitration, no 

CHAPTER XII. 
Arbitration for Pecuniary Claims, 132 

CHAPTER XIII. 
The International Union of American Republics, . . 142 

CHAPTER XIV. 
The Pan-American Railway, 149 

CHAPTER XV. 
For the Creation of an International Bank, 156 

CHAPTER XVI. 
Extradition and Protection Against Anarchy, .... 167 

CHAPTER XVII. 
Practice of the Learned Professions, 182 

CHAPTER XVIIL 
On the Rights of Aliens, 195 



Index 5 

CHAPTER XIX. 

PAGE 

The Codification of American International Law, . . 207 

CHAPTER XX. 
On the Subject of Sanitation, ' 214 

CHAPTER XXI. 
The Congress on the Subject of Coffee, 219 

CHAPTER XXII. 
The Proposed Customs Congress, 222 

CHAPTER XXIII. 
Resources and Statistics, 233 

CHAPTER XXIV. 
Trade-Marks, Weights and Measures, 236 

CHAPTER XXV. 
Report of the Committee on General Welfare, .... 239 

CHAPTER XXVI. 
Future Pan-American Conferences, 244 

CHAPTER XXVII. 
Minor Items, 247 

CHAPTER XXVIII. 
The Explorations of the Reyes Brothers, 255 

CHAPTER XXIX. 
The Closing Session, 271 



6 Index 

REPUBLIC OF MEXICO. 

PAGE 

Modern Mexico, . 281 

APPENDIX. 
Debate on Arbitration, 3°3 

Protocol of Adherence to the "Conventions of The 
Hague, 352 

Proposed Treaty on Compulsory Arbitration, .... 355 

Instructions to the United States Delegates, .... 363 



PREFACE. 

IN the following pages I have given my personal 
impressions of that most interesting and historic 
event, the Second Pan-American Congress, reviewing 
the work accomplished in order that the reader may 
have a general understanding of the scope, purposes 
and achievements of this international council. The 
various official publications to appear in the course 
of time will not, by the very reason of their character, 
outline many interesting facts in connection with this 
Congress ; nor can they give the intimate history, the 
inner meaning, motives and intrigue which w T ere an 
essential part of the same, and which existed as a very 
live factor in the moulding of the different resolutions 
adopted. The daily press of the United States and 
Latin America gave more or less extensive accouuts 
of the happenings as they occurred from day to day. 
These notes are a resume of my daily cablegraphic 
service to both North and South America, with such 
commentaries as are required for the average reader's 
elucidation. Any criticisms are kindly meant, for I 
am an optimist on the subject of a better understand- 
ing between the United States and the people of Latin 
America, as well as among the Latin Americans them- 
selves. Notwithstanding the heterogeneity of race, 
creed and tradition, I believe that the educational cam- 
paign inaugurated through the medium of these con- 



8 Preface 

gresses, and the mutual interests which politically and 
commercially bind the various countries of this hemi- 
sphere will, in time, unquestionably bring about suf- 
ficient practical results to make those interested in this 
international propaganda feel that their work has not 
been in vain. Future generations will think grate- 
fully of the pioneers in this movement for a better 
understanding between the independent nations of 
Pan-America, which effort means so much, morally 
and materially, for their welfare, and will remember 
those earnest lawmakers, who by adequate legislation 
are now seeking to provide for contingencies that 
are bound to come. 



It is a pleasure to record my gratitude to the Mex- 
ican Government, its delegation and to the delegates 
in general for their courteous treatment. To Messrs. 
Urbina and Dufoo of El Impartial, and Guernsey, 
Hudson and Simonds of the Mexican Herald, as 
well as to many other good friends, I give thanks 
for numerous kind attentions. 

The Author. 



CHAPTER I. 

GENERAL REVIEW. 

On January 31 the Mexican Secretary of State, 
Seiior Ignacio Mariscal, formally declared closed the 
sessions of the Second International Conference of 
American States, generally known as the Second 
Pan-American Congress ; which solemn ceremonial 
placed before the judgment of this and future genera- 
tions the work of earnest men during a period of over 
three months, and left to the people of this hemi- 
sphere a legacy of carefully-studied resolutions and 
recommendations on matters pertaining generally to 
the welfare of the nations interested. 

This important international assemblage opened its 
sessions on the 22nd day of October, 1901 ; and, after 
modifying the by-laws presented by the Mexican dele- 
gates, nineteen different committees on as many sub- 
jects were organized, having all of them from three 
to nine members each, with the exception of the 
Committee on Arbitration, which was composed of 
nineteen members, one from each country accredited 
to the Congress. 

What resolutions or recommendations would be 
adopted on the latter subject was the all-absorbing 
topic upon which the deliberations of this body were 
awaited with anxiety, both by the Pan-American and 
European nations. 



10 History of The Second Pan-American Congress 

The Cbmimttee appointed :: : insider arbitration 
named a sub-:::/.:v.:::ee of nine, whose meetings cov- 
ered a per:: ::' : ;: two months. It was not until 
toward the close of the Congress that this very deli- 
;a;e subject was ::: ached, the leaders wisely de- 
ciding before bringing up the matter to pass such 
recommendations and resolution as would not be 
like!;. tc :ause any acrimonious debate, in order that, 
=h:u'c :::e longress fail ::: this particular measure, 
it would, at least, have a record before the world of 
lething accor pi ished during its existence. 

T hree important facts were very clearly demon- 

E 

s: rated, during the sessions at Mexico City. One was 
:he evident combination 3fvaiiflHS Sspth Ameri 
countries to annoy, embarrass, or discredit another 
republic and the second was the attitude of the 
United States :n the subject of arbitration. In the 
first instance it was regrettable to see the count) 
in league attempt to use the Congress as a political 

_:::::::; :: the purpose for which it was 
convene!. As :; the second, undoubtedly the rejec- 
tion of the Olney-Pauncefote arbitration treaty by 
the United States Senate had a great influence on the 

nt : State. The instructions to the dele- 
ga: re tc favor any measure that would embody 

the principles out/ by the conventions of the 

Hague Pe _ : 

The third lesson taught by the Congress was to 
the effect that the absolute divergence of methods, 
customs and general practice in the conduct of gov- 



History of The Second Pan-American Congress H 

ernment between the various Latin- American repub- 
lics, as a whole, and the United States makes it 
doubly difficult for these offsprings of two old and 
widely divergent civilizations to find practical solu- 
tions to problems which involve radical changes of 
actual process on the part of either of them. 

It was the evident intent on the part of Peru to 
bring up indirectly the question of her dispute with 
Chile in reference to the provinces of Tacna and 
Arica, and to secure some expression of censure or 
rebuke toward her neighbor to the south. As the 
Chileans had joined the Congress with the distinct 
understanding that no local questions or matters of 
offensive character were to be brought before it, 
they protested vigorously against the Peruvian posi- 
tion; and claimed, with some show of justice, that it 
was not within the province, intent or jurisdiction 
of the Congress to touch upon any questions, dis- 
putes or claims of one nation against another. The 
Congress was not a tribunal wherein the various par- 
ticipants went to ventilate their private quarrels, and 
as they were all of equal rank and authority there 
was consequently no superior power to enforce any 
sentences that might have been decreed. This was the 
mistake made bv the Peruvians, and the " wish being 
father to the thought," they were no doubt con- 
vinced of the righteousness of their methods. It 
was suggested to them repeatedly, and by those to 
whom they were morally bound to listen, that the 
Second Pan-American Congress was not a court 



12 History of The Second Pan-American Congress 

wherein, backed by their sympathizers, they might 
impunely attempt to bring questions that were bound 
to ruin the bright prospects of this international 
meeting. 

The Chileans alleged further that the question of 
the disputed provinces and the* plebiscite, which was 
to be held on the subject of the ultimate possession 
of the same, was a matter of adjustment between 
the Peruvian and Chilean Governments, and had 
nothing in common with the purposes of the Con- 
gress, no more than if the Congress were to be asked 
to pass judgment on the attitude of the United States 
in reference to its policy towards Cuba, Porto Rico, 
or the Philippines. 

As a matter of fact, the various Latin-American 
countries have nearly all of them boundary or other 
disputes pending; and the interference, therefore, 
of the Congress in any matter pertaining individually 
to the different countries or affecting their policy 
or their sovereignty would have been an act con- 
trary to the express object of the meeting and to the 
programme as outlined by the Executive Committee 
of the International Union of American Republics. 
The fiasco which resulted when the Congress tried 
to interfere in the Venezuelan and Colombian im- 
broglio showed plainly how futile such efforts are. 

The final settlement of the arbitration question 
consisted of a unanimous adhesion to the conventions 
of The Hague, and a project of treaty on the subject 
of compulsory arbitration was passed through the 
Congress, without debate. 



History of The Second Pan-American Congress 13 

The interest was far greater in the Latin- Ameri- 
can countries than in the United States, owing 
chiefly to a general pessimistic impression in the lat- 
ter country that nothing of worth would be accom- 
plished. The various Latin-American governments 
were interested in determining the attitude of the 
United States on certain important matters, and sev- 
eral of them expected to cross swords with their 
neighbors on questions between them, looking for- 
ward to a keen diplomatic tournament. 

Apart from the subject of arbitration, the Congress 
passed several recommendations, resolutions, indorse- 
ments and projects for treaties which were earnestly 
considered and approved in such a fashion as, it is 
hoped, to merit the earnest consideration of the dif- 
ferent governments. In this particular the work of 
the recent gathering differed materially from that 
held in Washington in 1889-90. It was the purpose 
to secure the adoption of these resolutions and rec- 
ommendations in such a practical and feasible form 
as to make them presentable with some show of suc- 
cess to the different governments, for the final ratifi- 
cation. 

The first recommendation approved by the Con- 
ference was to the effect that a " large banking insti- 
tution, established in an important mercantile centre 
of the continent, with branches in the principal cities 
of the American republics, would stimulate trade." 
The recommendation then suggests the establishment 
of such a bank, to be assisted financially by the re- 



14: History of The Second Pan-American Congress 

publics of America in such manner or form as may 
be compatible with the internal legislation of each 
country. 

The subject of the Pan-American railway was 
taken up enthusiastically by the Congress. A res> 
lution was passed ratifying the recommendati 
made by the first Pan-American Congress at Wash- 
ington on this matter, inviting the Government of the 
United States to take an active interest in the same 
and appointing a committee of five members, with 
residence in the United States, to further the 
of the delegates in connection with this vast under- 
taking. 

Another measure likely to prove of some practical 
result is a resolution providing for a Customs Con- 
gress, to be held in Xew York City, within a year 
from the closing of the Pan-American Conference, in 
order to consider and suggest measures for a uni- 
formity of port changes and matters referring to - 
simplification of custom-house formalities in connec- 
tion with manifests and the preparation of consular 
invoices and other details of like character. The res- 
olution also provides for the preparation of a com- 
mercial nomenclature of products and merchandise 
common to the American republics, in the Spanish. 
English, Portuguese and French languages. 

The Congress also recommended the establishment 
of an International Archaeological Museum, with head- 
quarters in Washington, to search for and preserve 
any valuable archaeological finds in this hemisphere; 



History of The Second Pan-American Congress 15 

it also indorsed the work of the Philadelphia Com- 
mercial Museum, and suggested to the Latin- Amer- 
ican countries the advisability of renewing their col- 
lections and displays in such an institution of public 
utility. 

Resolutions were also passed on the subjects of the 
sources of production and statistics, on measures 
likely to facilitate international commerce and for the 
reorganization of the International Union of Amer- 
ican Republics. This institution, which is really the 
only practical legacy left as a result of the First Pan- 
American Conference of 1889-90, has done very val- 
uable work by disseminating information concerning 
the different Pan-American countries in the United 
States, as well as concerning the latter country in 
Latin-America. The Union is made the custodian of 
the archives of this and successive congresses and 
will be the medium, in many cases, for putting into 
effect a number of the measures approved. 

The Congress reached an agreement on matters 
pertaining to the exchange of scientific, literary and 
industrial publications of an official nature between 
the different countries represented; for the efficient 
protection of literary and artistic property; for the 
preparation of an international code of public and 
private law to govern the countries of America; to 
facilitate the exercise of the liberal professions ; and 
on the question of the rights of foreigners. 

Projects for treaties were carefully prepared deal- 
ing on matters pertaining to patent and trademarks ; 



16 History of The Second Pan-American Congress 

the extradition of anarchists and measures of protec- 
tion against the same ; and in reference to arbitration 
in connection with diplomatic claims for pecuniary 
damages. 

Various resolutions were also passed in the nature 
of indorsements, notably the report of General Rafael 
Reyes of Colombia, on the subject of the brilliant ex- 
ploration work of the Reyes Brothers in the heart of 
South America; the indorsement of the object of the 
approaching St. Louis World's Fair, and the con- 
gratulations expressed to the officials of the Pan- 
American Exposition and to the people of Buffalo for 
their enterprise in having successfully created that 
great educational factor. The Congress also sent a 
message of encouragement to the brilliant young Bra- 
zilian aeronaut Santos-Dumont, and greetings to the 
new republic of Cuba. The Olympian games, to be 
held in Chicago in 1904, were also commended ; and, 
at the closing session, a resolution was passed thank- 
ing the press in general for their interest in the work 
of the Congress. Before adjourning this body de- 
clared itself in favor of holding another meeting of 
the same character, within five or seven years, leav- 
ing it to the Diplomatic Corps residing at Washing- 
ton to decide on the exact time and place. 

If any one of the foregoing recommendations or 
resolutions will be ratified and put into effect by a 
majority of the countries represented, the work of 
the Congress will not have been in vain. In any case, 
much was done to clear the atmosphere of certain 



History of The Second Pan-American Congress 17 

doubts and misunderstandings resulting from lack 
of knowledge and contact, and the publicity which 
will be given to its deliberations in each of the re- 
spective countries will tend greatly to forward the 
aims of the far-sighted statesmanship of James G. 
Blaine. 



18 History of The Second Pan-American Congress 
CHAPTER II. 

INITIAL STEPS. 

President McKinley, in his message to the Fifty- 
Sixth Congress, among other things, said : 

" In view ... of the numerous questions of 
general interest and common benefit to all of the 
republics of America, some of which were considered 
by the First International American Conference, but 
not finally settled, and others which have since then 
grown into importance, it would seem expedient that 
the various republics constituting the Union should 
be invited to hold at an early date another confer- 
ence in the capital of one of the countries other than 
the United States, which has already enjoyed this 
honor." 

Mr. Hay, Secretary of State, acting in harmony 
with this suggestion of the late President, after vari- 
ous informal consultations with the diplomatic repre- 
sentatives of Latin-America accredited to the United 
States, sent them an official communication in date of 
February 8th, 1900, wherein he referred to the para- 
graph of President McKinley's message. The Sec- 
retary requested them to transmit this information to 
their respective governments, in order that the same 
might, if agreeable, take such measures as would 
lead to some practical steps being taken in the direc- 
tion indicated. Simultaneously the Department of 



History of The Second Pan-American Congress 19 

State instructed the United States Ministers accred- 
ited to the various Latin-American governments to 
transmit the same information to the respective For- 
eign Offices. 

As a direct result of these communications, the 
question was discussed at a meeting of the Executive 
Committee of the International Union of American 
Republics ; which led to a general meeting of all the 
diplomatic representatives from Latin- America ac- 
credited to Washington, being called on April 14th, 
1900. Those present were the Ministers from Costa 
Rica, Chairman, the Ambassador from Mexico, and 
the Ministers from Colombia, Guatemala, Hayti, 
Brazil, Nicaragua, Chile, the Charge d'Affaires of 
Venezuela and the Consul-General of Paraguay. The 
Charge d'Affaires of the Dominican republic, the 
Consuls-General of Uruguay, Honduras, Ecuador 
and the Vice-Consul of El Salvador were not able to 
be present at this meeting. 

Chairman Calvo stated, on opening the session, 
that at the last meeting of the Executive Committee 
of the International Union of American Republics 
it was resolved to call this gathering in order to dis- 
cuss plans and methods by which a Second Interna- 
tional Conference might be held at some time in the 
near future. He added that the Secretary of State 
of the United States, as ex officio President of the 
Committee, had expressed a wish, in yiew of the 
prominent part which the United States took in the 
last Conference which met in this capital, that the 



20 History of The Second Pan-American Congress 

other republics take the initiative; so that neither 
in appearance nor in reality should his country figure 
in a more prominent fashion than any of the others. 
The Secretary of State also hoped it would be under- 
stood that the Government of the United States was 
more than willing to do everything in its power 
towards the realization of this project. " The object, 
therefore/' repeated the Chairman, " is to discuss 
some practicable method of procedure bearing on the 
subject at hand, to be communicated by the Depart- 
ment of State to the Government of Mexico, in order 
that it may be taken into consideration in compiling 
the official programme which will have to be sub- 
mitted to the Conference. This on the supposition 
that there is no doubt but that Mexico will be the 
country selected, where the Congress shall meet/' 

After a brief discussion, in which a majority of 
those present called attention to the fact that they had 
no instructions on the subject, Sefior Azpiroz, Am- 
bassador from Mexico, moved to request the Execu- 
tive Committee of the International Union of Amer- 
ican Republics to take charge of the matter, and to 
inform the representatives of the American repub- 
lics, as soon as possible, of the result of their efforts, 
that the latter may keep their respective governments 
fully posted. The motion was carried. 

Complying with the request embodied in the fore- 
going resolution, the Executive Committee met on 
May 23d, 1900, there being present Ministers Calvo, 
Costa Rica, Chairman; Lazo Arriaga, Guatemala; 



History of The Second Pan-American Congress 21 

and Wilde, Argentine Republic. As a result of this 
meeting, the following programme, was transmitted 
on the 26th of May, 1901, by Mr. W. W. Rockhill, 
Director of the International Union of American Re- 
publics, to the Latin-American representatives at 
Washington, stating that it was " a projected or ten- 
tative programme/' to be submitted to the various 
governments belonging to the Union in order that 
they may take it into consideration and make such 
observations as they may judge convenient." 



Programme. 

I. Points studied by the previous Conference, 
which the new Conference may decide to 
reconsider. 

II. Arbitration. 

III. International Court of Claims. 

IV. Means of protection to industry, agriculture 
and commerce. Development of communi- 
cations between the countries of the Union. 
Consular regulations of ports and custom- 
houses. Statistics. 

V. Reorganization of the International Bureau of 
the American Republics. 



With this programme the Executive Committee 
embodied the programme of the First Pan-American 



/ 



22 History of The Second Pan-American Congress 

Conference, a list of the committees and 'a resume 
of the nineteen recommendations approved at the 
time. 

During the session referred to, at the suggestion 
of the Argentine Minister, it was decided to request 
the Department of State to communicate, by cable, 
with the various republics soliciting a telegraphic 
reply and telegraphic instructions to their diplomatic 
representatives at Washington, in order to hasten the 
preliminary work in connection with the Conference. 

Another general meeting was called on June 13th, 
1900, this time by the Secretary of State. Nearly all 
the diplomatic representatives of the Latin- American 
countries were present; and, after some discussion 
about the place in which to hold the Conference and 
the date of meeting, the majority stated that they 
would favor the generally-understood plan of hold- 
ing the same in the City of Mexico, for which they 
all voted, with the exception of the representatives of 
Argentine and Peru, who cast their votes for Buenos 
Ayres. In reference to the exact time of meeting, a 
a motion proposed by Mexico and seconded by Gua- 
tamala, was unanimously approved, to the effect that 
the time of meeting of the Conference should be de- 
termined upon by the Governments of Mexico and 
the United States, with the understanding, naturally, 
that the latter Government would, on this subject, 
confer with the Executive Committee of the Interna- 
tional Union of American Republics. 

In the meantime, the suggestion of holding this 



History of The Second Pan-American Congress 23 

Second International Conference had been favorably 
accepted by the countries interested, with the excep- 
tion of Chile, whose Foreign Office, on receipt of 
the tentative programme as issued by the Executive 
Committee of the International Union of American 
Republics, sent an official communication, under date 
of October 1st, 1900, to their representative at Wash- 
ington, in which the Chilean Foreign Office objected 
to the vague terms of the tentative programme. The 
Minister of Foreign Affairs in this letter said, in 
part : w I desire to state positively that my Govern- 
ment does not object to the discussion of questions 
referring to international arbitration, at the approach- 
ing Congress. On the contrary, as I have stated to 
you at other times, it will gladly co-operate towards 
the solution of a problem so important for the future 
of nations." I desire to insist, once more, that what 
Chile does not accept is the amplitude and vague- 
ness of the tentative programme on this subject, the 
study of which is presented to the consideration of 
the Congress, in such a manner as to leave an open 
path, during the debates, for disagreeable, inoppor- 
tune and irritating polemics. It would therefore be 
very desirable that the Executive Committee of the 
International Union of American Republics should 
define and put into concrete form, in a clear and pre- 
cise manner, some of the subjects which are given 
with so much latitude in its tentative programme." 
The position of Chile is outlined in the following 
extract, part of a communication under date of May 



24 History of The Second Pan-American Congress 

2 1 st, 1900, by its Foreign Office to United States 
Minister Wilson. It is in answer to the latter' s in- 
vitation, in the name of his Government, soliciting 
Chile's participation in a Second International Con- 
ference : 

" When, in 1889, the Government of the United 
States invited the nations of this continent to an In- 
ternational American Conference at Washington, the 
text of the law of Congress authorizing this invita- 
tion w r as included. 

" In it the programme of the Conference was out- 
lined, specifying, point for point, the subjects to be 
discussed. Notwithstanding, the Committee on Gen- 
eral Welfare presented a project for a treaty of arbi- 
tration, of which one of the clauses, the fifth, says as 
follows : ' All controversies or differences whether 
pending or hereafter arising, shall be submitted to 
arbitration, even though they may have originated 
in occurrences antedating the present treaty." In 
view of the presentation of this subject, not included 
in the original programme (because the said pro- 
gramme referred to the advisability of accepting arbi- 
tration only for future questions), the delegation of 
Chile was obliged to abstain absolutely from taking 
part in the discussion of a subject for which they had 
not been convened. The representative of Mexico 
took the same stand. 

"If, with a clearly defined programme, it was possi- 
ble, nevertheless, to create an unpleasant situation in 
which the Conference, notwithstanding the opposi- 



History of The Second Pan-American Congress 25 

tion of some of its members, should discuss and pass 
important resolutions on matters not included in the 
programme of invitation, and even contrary to its 
spirit, Chile was justified in supposing that the same 
might happen again at the succeeding Conference, 
the object of which has been vaguely stated to us." 

The subject was being earnestly considered by the 
Government of Chile, causing considerable diplo- 
matic correspondence, when their Foreign Office re- 
ceived the official invitation of the Government of 
Mexico, in date of August 15, 1900. In this com- 
munication Seiior Ignacio Mariscal, Secretary of 
State of Mexico, stated that he inclosed " the pro- 
gramme of subjects to be discussed, approved by the 
same persons to whom I have referred (the diplo- 
matic representatives of Latin- America at Washing- 
ton)/' The designation of the tentative programme 
as one generally approved went still further to aug- 
ment the suspicions and to increase the susceptibility 
of the Chilean Government ; which refrained from an- 
swering the invitation of the Mexican Foreign Office, 
instructing their Minister at Mexico, however, in a 
communication of the 2nd of May, 1901, to explain 
the reasons which prevented them from answering 
this communication immediately. Sefior Mariscal did 
not intend to state that the tentative programme had 
been approved by the countries invited, but that he 
referred to its acceptance, as a basis, by the diplo- 
matic representatives at Washington who had orig- 
inated it. In other words, that it was the tentative 



26 History of The Second Pan-American Congress 

programme agreed upon, but not the final and defi- 
nite one. This unfortunate ambiguity caused a delay 
of many weeks. 

During the course of the following months many 
informal and personal efforts were made by those 
having at heart the success of the undertaking to 
bring about some compromise by which the suspicions 
of Chile might be allayed, and that the Congress was 
not a trap set by political enemies. On April 30, 
Sefior Morla Vicufia, Chilean Minister at Washing- 
ton, on private assurance that any suggestions would 
have earnest consideration, wrote to the Director of 
the International Union of American Republics, on 
April 30, 1901, in part, as follows: 

u Therefore, in answer to the circular letter of the 
Director of the International Union of American Re- 
publics, of May 26, 1900, sent in the name of the 
Executive Committee to the various representatives 
of the different republics in Washington, the Govern- 
ment of Chile expresses the following wish, to wit : 
' That it would be very desirable if the Executive 
Committee of the American Republics would state 
in a definite manner the meaning of Articles I, II 
and III of their tentative programme. The Gov- 
ernment of Chile distinctly declares that it may be 
able to give a final answer to the invitation to attend 
a Second American Conference, after noting how its 
observations have been received on the subject of the 
tentative programme." 

On receipt of this letter, the acting Director of the 



History of The Second Pan-American Congress 27 

Bureau of American Republics, Mr. Williams C. Fox, 
referred it to the Hon. David J. Hill, Acting Secre- 
tary of State, who, on the 6th of May following, 
called a meeting of the Executive Committe of the 
International Union of American Republics. The 
Hons. Carbo, Calvo and Martinez Silva, of Ecuador, 
Costa Rica and Colombia, respectively, were present, 
as well as Mr. Fox. This Committee, answering the 
request of the Government of Chile, made the fol- 
lowing important declaration on the subject of the 
Article II of the tentative programme : 

" Arbitration is understood to be for the future 
and in no manner retroactive, for the difficulties 
which may arise between the American republics at 
a posterior date to that of the exchange of ratifica- 
tions of an arbitration treaty which the Conference 
may adopt. The Executive Committee abstains ex- 
plicitly from all idea of proposing, in any manner, 
as part of the tentative programme, any existing 
questions or to prejudge in any of the actual situa- 
tions. This Article supplants the seventh of the pro- 
gramme of the First Conference." 

Mr. Fox immediately imparted this information 
to Senor Morla Vicuna, who, after a telegraphic cor- 
respondence with his Government, received on May 
13 the following cablegram from the Minister of For- 
eign Affairs : 

" Known definition programme Conference Mexico 
made by Committee, Chile accepts it and is glad that 
eliminated offensive questions Congress may devote 



28 History of The Second Pan-American Congress 

itself to discussion of practical matters and of general 
utility for American States. Please make this man- 
ifest," 

These efforts, however, were not destined to har- 
monize conflicting interests, as had been hoped. The 
Hon. Fernando E. Guachalla, the Minister from Bol- 
ivia and a member of the Executive Committee of the 
International L nlon of American Republics, was not 
present at the meeting of May 6. On his return to 
Washington he insisted upon a reconsideration of 
the answer given to Chile at that time, which led to 
the calling of another meeting of that same body on 
the 16th following. 

On that occasion were present the Hon. David J. 
Hill, ex officio chairman, as the Acting Secretary of 
State, and the representatives of Ecuador, Costa Rica. 
Bolivia and Colombia, and the acting director of the 
Bureau :: the American Republics. 

The Hon. Guachalla protested against the reply 
given to the Hon. Morla Vicuna, and moved that the 
Board reconsider its decision and allow the original 
tentative programme to stand without alterations. 
The representative of Colombia, the Hon. Martinez 
Silva, though he had been a party to that reply, sup- 
ported Mr. Guachalla. -Ecuador and Costa Rica, 
however, opposed the motion. The Chairman de- 
clined to cast the deciding vote, suggesting that the 
incident might well be considered closed, especially as 
the Chilean answer had already been received. A tif 
existing, it was found impossible to revise or alter 



History of The Second Pan-American Congress 29 

the result of the deliberations of the meeting of 
May 6. The situation was a very delicate one, and 
this apparently arbitrary act was absolutely necessary 
to secure the attendance of all the invited. Its wis- 
dom was proven later. 

Again it seemed doubtful if all the independent 
Pan-American nations would be present at Mexico 
City, for now it was Bolivia, Peru and some of their 
sympathizers who threatened to withdraw. The For- 
eign Offices of the United States and Mexico were 
once more busy straightening out the tangle. 

Fortunately, none did withdraw; the Chileans 
firmly resolved to insist upon the adherence to the 
programme as revised and defined at the meeting of 
May 6, while the Peruvians and Bolivians claimed 
to have received assurances from the Mexican Gov- 
ernment that the original programme would be main- 
tained. 

Happily, this question of a programme was never 
broached at the Congress ; not a word was said of it 
either in the committees or at the sessions. All con- 
versant with the subject or interested in the success 
of the undertaking looked forward with --auxiety to 
an early battle over the positive, definition of this 
troublesome matter. However, the Chileans, in- 
stead of assuming the aggressive attitude that was 
expected of them, adopted defensive tactics and wait- 
ed jor-any breach of that programme by the terms of 
which they had agreed to take part in the Congress. 
In this fashion they gained a keen diplomatic vie- 



- fcc S::?nd Pan-American Congress 

tory because any subject encroaching up::: :;:e ::::!:- 
fied tentative programme, as Eornralated at the meet- 
ing of May 6, would have ;:e::pitated a disastrous 

conflict between the waning factions '_.: both 
claimed to have received premises, eae;: :: s char- 
acter diametrically opposed. If a : bate had ever 
taken place for a final outline :: the issv.es, it would 
have meant a rupture impossible of healing. Both par- 
ties knew this, and neither of them were willing to be 
held responsible, before the eyes :: the rid, for the 
failure of the Congress. So that, while the Peruvian 
combination expected the Chileans :: 'ring the :ves- 
tion to an issue, the latter astonished everyone 
assuming a defensive attitude The final result was 
that no questions were iiscussed that were not in the 
programme :: May 5 




THE DELEGATES, 



Photos by Schlattman Bros., Mexico City. 



History of The Second Pan-American Congress 31 
CHAPTER III.* 

THE DELEGATES TO THE CONGRESS. 

At a gathering of such international importance it 
was natural that the Pan-American countries should 
send their most distinguished diplomatists and juris- 
consults — men able to. cope intelligently with prob- 
lems of great import and thoroughly familiar with 
the policy, aims and ambitions of their respective 
governments, as well as to protect the interests of 
the same and enhance their standing in this " con- 
cert ,? of American nations. 

Argentine. 
The Hon. Martin Garcia Merou, Delegate. — A 
distinguished figure in the letters and politics of his 
native country. He was born at Buenos Ayres and 
educated in the University of that city. In 1881 he 
was sent as Secretary of Legation to Colombia and 
next year in the same capacity to Venezuela. In 1883 
he was appointed First Secretary of Legation in 
Madrid, and in 1885 was transferred to Paris. In 
1886 he became private secretary to the President of 
the Argentine Republic, General Roca; Minister to 
Paraguay in 1888; to Peru in 1890; to Brazil in 

*A complete list of the secretaries and sub-secretaries 
will be found in Chapter XXVII, under the general res- 
olutions of thanks. 



32 History of The Second Pan-American Congress 

1894, and to the United States in 1896. In 1899 he 
was appointed Secretary of Agriculture in the Argen- 
tine Cabinet. At present he is again Minister to the 
United States. He is a fertile author, and in the 
moments of leisure left by public business his pen is 
rarely idle. His published .works number seventeen 
volumes, chiefly critical, historical and political es- 
says. One work on the United States is called 
Estudios Americanos, and another on Brazil El Brazil 
Intellectual. He is a corresponding member of the 
Royal Academy of the Spanish Language, of Madrid, 
a member of the Geographical and Historical Insti- 
tute of Brazil, of the Ateneo of Lima, and of the 
Royal Academy of Science of Lisbon, Portugal, and 
a comendador of the Portuguese Order of Santiago. 

The Hon. Antonio Bermejo, Delegate. — Is a noted 
lawyer. He has been Minister of Public Instruction 
and Minister of Justice in the Argentine Cabinet; 
professor of international law at the University of 
Buenos Ayres, and at present is a Deputy to the 
Argentine Congress. He is considered one of the 
most learned and able men of the new generation 
of public men in his country. 

The Hon. Lorenzo Anadon was another of the 
Argentine Delegates. Lie is also a lawyer, has been 
president of the faculty of letters in the University, 
and National Senator for nine years. He has been a 
member of several important commissions, among 
others one intrusted with the revision of the tariff 
laws. 




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History of The Second Pan-American Congress 33 

The secretaries of the Argentine delegation were 
Rufino Varela Ortiz and Emilio Nocetti. The former 
is a Deputy to the Argentine Congress, and the latter 
is a lawyer and professor of commercial law at the 
University of Buenos Ayres. 

Bolivia. 

Bolivia was represented by one of her well-known 
lawyers, who is also Minister Plenipotentiary to the 
United States, Mr. Fernando E. Guachalla. He 
has had a wide experience as a soldier and diplo- 
mat. He fought in the campaign of the Pacific 
against Chile, and, after that long struggle, became 
a Deputy to the National Convention of 1880, be- 
ing soon afterward appointed chief clerk in the Min- 
istry of Public Instruction; was secretary of Le- 
gation in Chile, Peru and other lands; being later 
appointed Charge d'Affaires at Lima. Twice elect- 
ed a Senator of the republic, he has held other im- 
portant public posts, and was a follower of Presi- 
dent Pando in the revolution that placed the latter 
in power. 

Sefior Nestor P. Velasco was the secretary of this 
delegation. 

Brazil. 

The Hon. Jose Hygino Duarte Pereira, who died 
during the sessions of the Congress, was the Delegate 
for Brazil. A distinguished jurist, he had been for 
many years professor of law at the University of 



34 History of The Second Pan-American Congress 

Pernambuco, and was especially interested in an able 
project for the codification of American international 
public and private law. He had filled many impor- 
tant offices with great credit, having been Minister 
of Justice in the Brazilian Cabinet and a Judge of 
the Supreme Court. Dr. Duarte Pereira was also 
the diplomatic representative of Brazil to the United 
States of Mexico. 

The first secretary of this delegation was Senor 
A. Fontoura Xavier, Brazilian Consul-General in 
New York. He has been a newspaperman and a man 
of letters. 

Chile. 
The Hon. Ble^Gana was born at Santiago de Chile. 
He is one of the most distinguished diplomats of 
Latin-America and the dean in point of service at 
the Congress, having been for thirty-eight years en- 
gaged in diplomacy. Member of the Municipal Coun- 
cil of Santiago in 1863; Intendant of Colchagua in 
1865; Charge d'Affakes at Washington^! 867; En- 
voy Extraordinary and Minister Plenipotentiary in 
London^ 1 868; appointed, in addition, Minister to 
FranceJjj 1870, and on a special mission to the Holy 
See, holding all three appointments at the same time. 
Retired j.n 1886. Since that time he has been sent 
on various special missions. He was a Delegate of 
his country to the Hi§pano-American Conference 
at Madrid in the autumn of last year and went to 
Berlin to present the felicitations of Chile on the occa- 
sion of the bi-centenary of the Prussian Kingdom. 



History of The Second Pan-American Congress 35 

He is a commander of the Legion of Honor of 
France, grand cross of the Royal Order of Isabel the 
Catholic of Spain, and grand cross of the Imperial 
Order of the Crown of Prussia. He has published a 
number of historical novels, one of the best known 
being Durante la Reconquista. 

The Hon. Emilio Bello Codecido was the joungest 
Delegate at the Congress. Born in 1868, he has risen 
in his diplomatic career with flattering rapidity. 
Through his family and other connections, he early 
became a member of the Chamber of Deputies, and 
he soon became, by the clearness of his judgment 
and the strength of his character, one of the leaders 
of the party to -which he was affiliated — that of the 
late Balmaceda, with one of whose daughters he is 
married. He was Secretary of State before he was 
appointed Plenipotentiary to Mexico, and being in 
the country where the Pan-American Congress was 
to meet, it was only natural, considering his proven 
abilities, that he should have been designed to form 
part of the Chilean delegation. 

The Hon. Joaquin Walker Martinez, Delegate for 
Chile, was one of the most vigorous and forceful 
characters among the many powerful minds at the 
Congress. A parliamentarian of international fame, 
he ably sustained his reputation. His direct and log- 
ical extempore addresses were always one of the 
features of the debates. Born in 1854, Walker Mar- 
tinez was for many years well known as a fearless 
and ready editorial writer. Later he entered politics 



36 History of The Second Pan-American Congress 

and became a Deputy on several occasions. He was 
one of the leading spirits in the rebellion against the 
dictatorship of Balmaceda in 1891, being a member 
of the Revolutionary Committee. On this occasion 
he was Ministfxjof Finance and of War, and his valu- 
able services have always been appreciated by the 
Chilean people. After the war he again engaged in 
newspaper work until, in 1896, he was appointed 
Minister toJBrazil, where he did much to bring about 
a better understanding and a friendlier feeling be- 
tween this nation and Chile ; the relations having been 
somewhat jtrained between the two countries since 
the latter's supposed sympathy with Dom Pedro. 
Later Walker Martinez became the diplomatic repre- 
sentative of his country to the Argentine Republic, 
and is at present in a similar capacity at Washington. 
The Hon. Augusto Matte was born at Santiago de 
Chile in .1849. He is one of the leading forces in his 
country, combining those qualities which make men 
potential in their respective communities. Appointed 
Minister of Finance in 1877, under the Presidency of 
Don Anibal Pinto, serving for one year and a half, 
he was appointed again to the same post in 1880, and 
held it for about the same time. In 1888, under Pres- 
ident Balmaceda, he became Minister of Foreign Re- 
lations and held the office for six months. He has 
been Deputy to Congress for Valparaiso for three 
terms, and Senator for Santiago for six years. In 1890 
he was named Minister to France, and held that 
post until 1896. During the same time he was Min- 



History of The Second Pan-American Congress 37 

ister to the Holy See and to Switzerland. In 1892 
he went on a special mission to the Court of Spain 
to represent his country in the celebration of the 
fourth centenary of the discovery of America. In 
the last Presidential convention in Chile he was the 
choice of the Doctrinaire Liberal Party for President 
of the republic. 

The able secretaries were Senores Alejandro Al- 
varez andM.arciaLA. Martinez. The former is a suc- 
cessful lawyer and professor at the University of 
Santiago; he has made a specialty of international 
law. Senor Martinez has made diplomacy his life 
work. Trained in the Foreign Office of his land, a 
linguist and student, he has been secretary of various 
arbitral commissions that have met at Santiago, and 
has a promising career before him. 

Colombia. 

The Delegates are Carlos Martinez Silva and Gen- 
eral Rafael Reyes, with Rafael Reyes, Jr., as secre- 
tary. Both Delegates are interesting personalities. 

Martinez Silva has been rector of the College of 
Nuestra Senora del Rosario at Bogota and for eight 
years conducted a private college of his own also at 
Bogota. Has been a member of Congress, Speaker 
of the House of Representatives, Minister of the 
Treasury, of Public Instruction and of Foreign Rela- 
tions. He was a Delegate to the First International 
Congress of American States held in Washington in 
1889, sharing with Senator Davis the distinction of 



38 History of The Second Pan-American Congress 

being the only Delegates to the present Congress 
who were also Delegates to the first one. In 1893 he 
was President of Colombia's commission to the Chi- 
cago World's Fair. Since February last he has been 
Envoy Extraordinary and Minister Plenipotentiary 
of his country in Washington. Is a corresponding 
member of the Royal Academy of the Language of 
Madrid, a member of the Academy of Colombia, 
editor of the monthly review known as the Reper- 
torio Colombiano/ and also editor of the Correo 
National. He is the author of some published works. 

General Rafael Reyes is a distinguished public man 
and military leader. He is vastly known for his won- 
derful explorations, in conjunction with his now dead 
brothers, Enrique and Nestor, in the heart of South 
America, showing the possibilities of the internal 
waterways for the benefit of civilization and com- 
merce. In Colombia he has filled many important 
civil and military offices ; has been a Senator ; Minis- 
ter of the Interior and of Promotion ; and for the last 
six years Minister to France, as well as lately to Eng- 
land and Switzerland. He has put down two rebel- 
lions and is greatly beloved in his native land by all 
classes and political parties for his magnanimous 
treatment of prisoners at the time. As an evidence 
of the truth of this assertion, it may be said that since 
his residence in Mexico, where he is at present resid- 
ing, he has been repeatedly urged by the warring fac- 
tions in Colombia to go there and assume control. 

Rafael Reyes, Jr., the General's son, was the sec- 
retary of the Colombian delegation. 




" y^» 




THE DELEGATES, 



Photos by Schlattman Bros., Mexico City. 



History of The Second Pan-American Congress 39 

Costa Rica. 

Joaquin Bernardo Calvo, the Delegate, commenced 
his diplomatic career as Second Secretary of the Le- 
gation of Costa Rica in Washington, in 1889. Was 
promoted to be the Secretary of the Costa Rican Del- 
egation to the Pan-American Congress at Washing- 
ton, in 1889. Was subsequently elected Governor of 
the Province of Cartago ; First Secretary of the Le- 
gation of Costa Rica in Washington in 1892; then 
Charge d'Affaires until, in 1896, he was promoted 
to the post of Minister Resident, and in 1898 to that 
of Envoy Extraordinary and Minister Plenipoten- 
tiary at Washington. He was a member of the Execu- 
tive Committee of the International Union of Amer- 
ican Republics, and in that capacity presided over the 
first measures taken for the organization of the Con- 
ference in Mexico. Mr. Calvo enjoys in a high degree 
the confidence of the State Department at Washing- 
ton and was appointed a member of the committee to 
draft the programme for the Conference, which was 
submitted to the States composing the International 
LTnion. Mr. Calvo is also Envoy Extraordinary 
and Minister Plenipotentiary to Mexico. 

Dominican Republic. 

The Hon. Luis Felipe Carbo, Delegate for Ecua- 
dor, also represented this country, assisted by Sefior 
Quintin Gutierrez, a Spanish merchant of standing 
in Mexico City. When the Congress was about half 



40 History of The Second Pan-American Congress 

over a special Delegate came in the person of the 
Hon. Federico Henriquez y Carvajal, a lawyer and 
educator of note in Santo Domingo. 

Ecuador. 

The Ecuadorian Minister to the United States, the 
Flon. Luis Felipe Carbo, was the Delegate of that 
country to the Congress. He also represented the 
Dominican Republic. For fifteen years he was in 
active journalism, preaching the precepts of the Lib- 
eral party, as editor of El Diario de Avisos, El Globo, 
and the original El Tiempo. He also taught literature 
at the University of Guayaquil, his native town. Later 
he became a Deputy, and in 1895, when his party 
came into power, he was appointed Minister of For- 
eign Affairs. He resigned to become Minister Plen- 
ipotentiary to the United States and Mexico, and in 
1897 was president of the committee which met at 
Mexico City when it was attempted to hold an Inter- 
national Congress. As Delegate from his country, 
he was present at the sessions of the Universal Postal 
Congress, held at Washington in 1898; a year later 
he spent some time in Colombia as the diplomatic 
representative of Ecuador. 

The efficient secretary of this delegation was Sefior 
Cristobal Vela O. 

El Salvador. 

Salvador sent her Minister of Foreign Affairs, 
the Hon. Francisco A. Reyes, and the Hon. Baltazar 



History of The Second Pan-American Congress 41 

Estupinian. The former has been the recipient of 
many public honors in his country, having risen step 
by step to his present important post. His interest 
in the Congress was so keen that he came personally 
to attend its sessions. Baltazar Estupinian, who was 
Second Vice-President of the Congress, is an ardent 
adherent of the Liberal party of Salvador and a dis- 
tinguished international lawyer, having published sev- 
eral authoritative volumes. 

The able secretaries of this delegation were Manuel 
A. Melendez and Miguel T. Molina. 

Guatemala. 

The Hon. Antonio Lazo Arriaga, the Delegate of 
Guatemala, looks like a German. By reason of his 
sincerity and soundness of judgment, he enjoys the 
full confidence of the State Department at Washing- 
ton, where he represents his country as Minister. He 
was born in the Republic of Honduras, but as a child 
went to Guatemala. He received his education there 
and became a citizen. At the age of twenty he grad- 
uated as a lawyer and notary public in Guatemala 
City. He entered public life at the age of twenty-two, 
being elected to Congress, and was a Congressman 
for several consecutive terms. At the age of twenty- 
four he was appointed Assistant Secretary of Educa- 
tion, and at the early age of twenty-eight (in 1885) 
he became Minister of Foreign Relations. At the age 
of thirty he was Speaker of the Guatemala Congress 
and subsequently was Vice-President of the Council 



42 History of The Second Pan-American Congress 

of State. Eight years ago he was appointed Envoy 
Extraordinary and Minister Plenipotentiary of his 

Government in Washington, which position he still 
holds. He has also been appointed Minister ad hoc 
to Mexico. For many years Mr. Arriaga was pro- 
fessor of constitutional law 'at the University of 
Guatemala. 

Colonel Francisco Orla, the other Delegate for 
Guatemala, is a graduate of the Government Military 
College, graduated in 1890, and was at once ap- 
pointed on the Government Boundary Commission 
between Mexico. He served in the army for many 
years until he reached the rank of Colonel. He is at 
present Secretary of Guatemalan Legation in Mexico. 

Haiti. 

The Delegate was the Hon. J. N. Leger, who is a 
lawyer and has been Chef de 1'Ordre des Avocats in 
Port-au-Prince, Secretary of the Legation of Haiti 
in Paris, Charge d' Affaires at Paris from 1883-85 ; 
Assistant Secretary of State for Foreign Affairs ; 
Minister at Washington since 1896. He is the author 
of several works, such as the Recueil de Traites and 
the Traite sur la Politique Exterieure dii Haiti, presi- 
dent of the editorial committee of the Journal de Leg- 
islation and a member of the Societe de Legislation 
of Paris. 

Honduras. 

The Hon. Jose Leonard, a graduate of the Univer- 
sity of Heidelberg, was born in Poland, whence he 



History of the Second Pan-American Congress 43 

fled as a young man on account of political troubles. 
He traveled extensively, especially in Central and 
South America, settling many years ago in Honduras, 
where he became a citizen. He at present is dean of 
the University of Tegucigalpa. A noted linguist and 
clever raconteur, he became quite popular at the Con- 
gress. 

His colleague, the Hon. Fausto Davila, who also 
represented Nicaragua during the latter part of the 
meetings, is a noted lawyer and public man. He has 
devoted a great part of his time to agricultural pur- 
suits, and is an authority on tropical agriculture. 

Mexico. 

Senator Genaro Raigosa is one of the most famous 
of Mexico's corporation and consulting lawyers. In 
addition, he is a gentleman of rare polish and culture, 
and charming address. He is a great reader of for- 
eign literature in the form both of books and period- 
icals, and, therefore, keeps thoroughly in touch with 
all the developments of modern thought. He is the 
father-in-law of Captain Porfirio Diaz, the son of 
the President of the republic. Incidentally, Mr. 
Raigosa has done much to advance the agriculture 
interests of the republic by his experiments in new 
cultures. 

The Hon. Alfredo Chavero is a lawyer, statesman, 
orator, poet, archaeologist and man of the world, and 
is, therefore, one of the most versatile of Mexico's 
public men. His opinion in questions of constitu- 



44 History of The Second Pan-American Congress 

tional law is so sound that his advice in such matters 
has often been asked and followed by those highest 
in authority. He has at different periods of his 
career been actively engaged in journalistic work. 
As a historian and antiquarian his attainments are 
best exhibited in the monumental work Mexico a 
Traves de los Siglos (Mexico Through the Ages). 

The Hon. Joaquin D. Casasus is quite a marked 
personality in the Mexican bar. As a lawyer he is a 
specialist, his province being questions involving 
finance, banking and commerce. He is one of the 
foremost political economists of Mexico. Of all the 
financial problems of Mexico he is a master, and as 
such he was chosen by the Government to represent 
his country at the Monetary Conference of Brussels. 
In addition, he has traveled extensively abroad. 
Amidst the arduous demands of an active professional 
career, Mr. Casasus finds time to cultivate literature. 
Not so long ago an excellent Spanish version, due 
to his pen, of some of the odes of Horace was printed 
in an edition de luxe. 

The Hon. Pablo Macedo is another able corpora- 
tion lawyer, but at a rather early period of life, he has 
retired from the active practice of his profession 
with an ample fortune, due to the industry, energy 
and rare acumen of intellect which he brought to all 
his work. He was a Delegate to the Hispano- Amer- 
ican Conference, which met in the fall of last year at 
Madrid, Spain. 

The Hon. Francisco L. de la Barra is a young 




THE DELEGATES, 



Photos by Schlattman Bros., Mexico City. 



History of The Second Pan-American Congress 45 

lawyer, but one of solid attainments, particularly in 
the province of international law. For this reason 
he has long occupied the position of consulting law- 
yer for the Department of Foreign Relations. An- 
other important position with which his name has 
become identified is that of Syndic or City Attorney, 
a position in which he has done useful and conscien- 
tious work. 

The Hon. Jose Lopez Portillo y Rojas is a native 
of Guadalajara and a member of the Federal Con- 
gress. By profession a lawyer, he is also a literateur 
and poet. He enjoys the respect of all his colleagues 
in the profession of the law. At the time of the 
Spanish-American war he wrote a series of articles 
in a Guadalajara periodical on the subject of Amer- 
ican intervention in Cuba. 

The Hon. Emilio Pardo is a lawyer of standing, 
noted for his learning, industry and integrity. He 
is a member of Congress. 

The Hon. Manuel Sanchez Marmol is a" native of 
Tabasco and has the geniality, the hospitality and 
sunny temperament characteristic of the inhabitants 
of that part of the republic. He was a favorite among 
the foreign Delegates. He is a great friend to Amer- 
icans, and the attorney for several important Amer- 
ican enterprises. He is also a member of Congress. 

The Hon. Rosendo Pineda is a rising public man 
in Mexico, possessing ability and erudition. He is a 
master of parliamentary debate, and has distinguished 
himself in the Chamber of Deputies. 



46 History of The Second Pan-American Congress 

The able secretaries to the Mexican delegation were 
Senor Fernando Duret, lawyer and journalist, and 
Senor Jose F. Godoy, First Secretary to the Mexican 
Embassy at Washington. 

Nicaragua. 

The Republic of Nicaragua was ably represented 
by the Hon. Luis F. Corea, the Minister of that coun- 
try to the United States. Born in Granada, he grad- 
uated at an early age from the National Institute of 
that city as bachelor in science and letters. He then 
studied and taught law in Gautemala. Later he was 
appointed Judge, successively of the districts of Tot- 
onicapam and Quezaltenango, where he greatly dis- 
tinguished himself by his knowledge of law and the 
fairness of his decisions. At the same time he was 
professor philosophy in the Institute of Quezalte- 
nango and of international law T in the Western Fac- 
ulty of said city. On his return to Nicaragua in 1897 
he w 7 as offered by the Liberal Government a high po- 
sition in the Cabinet of President Zelaya, which he 
did not accept, as he determined to come to the United 
States to practice his profession. He was then ap- 
pointed Secretary to the Legation at Washington for 
the Greater Republic of Central Amierica, becoming 
later Charge d'Affaires. When that federal entity 
ceased to exist, Luis F. Corea was appointed in a 
similar capacity for the Republic of Nicaragua and 
lately Plenipotentiary Minister. Among some of his 
diplomatic triumphs may be mentioned the satisfac- 



History of The Second Pan-American Congress 47 

tory adjustment of claims of American citizens 
against Nicaragua, and the important negotiations 
conducted with the State Department in connection 
with the proposed Nicaragua canal. 

The efficient secretary of the Nicaragua delegation 
was Sefior Jose V. Dosal, a Mexican gentleman, for 
many years Consul for his native land in Baltimore. 

Paraguay, 

The representative of Paraguay was the Hon. Ce- 
cilio Baez, who also presented his credentials as Min- 
ister Plenipotentiary to Mexico. Mr. Baez is a law- 
yer and a member of the Paraguay Chamber of Dep- 
uties. 

Peru. 

This country sent quite a representative delega- 
tion. At its head was the Hon. Isaac Alzamora, Vice- 
President of the Republic. He was born at Lima, the 
capital of Peru, in June, 1850; called to the bar in 
1872; MinisJsr-aL Foreign Relations in 1888; Dep- 
uty to Congress in 1890-94. In 1897 the Civil party, 
to which he has belonged all his life, elected him 
vice-president of the party, and in 1899 he was elect- 
ed Vice-President of the republic, with Mr. Romafia 
as President. He has filled the chairs of philosophy, 
political economy and pedagogy at the University of 
Lima and is doyen of the faculty of letters. 
1* The Hon. Alberto Elmore was another Delegate. 
He is also a lawyer, and has been Minister of Foreign 
Relations, and is now a Justice of the Supreme Court, 
Is the author of a treatise on international law, 



48 History of The Second Fan- American Congress 

_ s 

The Hon. Manuel Alyare^ Calderon, Peruvian 
Minister to the United States, was also a Delegate. 
He is quite well known in Latin- America as an able 
corporation lawyer and has been connected with 
some important international cases. 

The secretary was Sefior Victor M. Maurtua, a 
writer on political subjects. 

United States. 

The Hon. Henry G. Davis, chairmaaiiithe United 
States delegation, was born in Maryland. His early 
life was spent on a farm. When, in his early man- 
hood, the Baltimore and Ohio railway was built 
through the farm in which he lived, he accepted em- 
ployment from that company, and thus began the 
railroad career which has been the principal work of 
his life. He is now president of the West Virginia 
Central and Pittsburg Railroad and of the Davis 
Coal and Coke Company, one of the leading bitumi- 
nous coal corporations of the United States. He is 
president of two banks and one trust company, and 
is the leading spirit in the development of West Vir- 
ginia. His political career began when he was elect- 
ed to the West Virginia State Legislature. From 
there he went to the Senate of the United States, 
where he was a prominent member of the Finance 
Committee. 

Mr. Davis has always taken a deep interest in the 
improvement of the political and commercial rela- 
tions of the American republics. He served as a 



History of The Second Pan-American Congress 49 

delegate to the first Pan-American Congress held in 
Washington in 1889, and was a member of the Inter- 
continental Railway Commission, which supervised 
the surveys for the proposed road to connect the 
railway systems of the United States and Mexico 
with that of Argentine. He is now a member of 
the commission recently appointed to revise the tax- 
ation and corporation laws of West Virginia. 

The Hon. William . LJBuchanan, as the United 
States member of the Committee on Arbitration, 
rendered valuable service both to his country and 
toward the success of the Congress. He is a native 
of Iowa, and in early life took an active interest in 
the politics of that State. He was the chief of an 
important department of the Chicago World's Fair 
organization, where he distinguished himself for his 
admirable executive ability. Later he was appointed 
by Cleveland as the United States, Plenipotentiary to 
the Argentine Republic, w T here he earned the grati- 
tude of all peace-loving peoples by his able diplom- 
acy and mediation in connection with the boundary 
dispute between that country and Chile. Mr. Bu- 
chanan was the Director- General of the Pan-Ameri- 
can Exposition, and as such deserves much of the 
credit for the wonderful artistic and commercial suc- 
cess of the same. Mr. Buchanan speaks Spanish flu- 
ently, and understands the viewpoint of the people 
speaking that language, by which he was able to be 
of great service to his delegation. 

The Hon. Charles M. Pepper, journalist and au- 



50 History of The Second Pan-American Congress 

thor, another of the American Delegates, was born 
in Ohio. He early removed to Chicago, and became 
identified with the newspapers of that city. For the 
past twelve years he has been a resident of Wash- 
ington. He has spent considerable time in Cuba and 
Porto Rico, and has given special attention to Latin- 
American subjects. 

The Hon. Volney W. Foster, Delegate, was born 
in Wisconsin in 1848. His active life has consisted 
of school teaching, employment in business houses, 
and later in the manufacture of lumber and public 
contracting. 

In 1887 Mr. Foster conceived the idea of estab- 
lishing a free pleasure driveway along Lake Michi- 
gan between Chicago and Milwaukee, a distance of 
eighty-five miles, of which more than forty miles 
have been completed. 

He always had a lively interest in politics, but not 
as an ( office-holder. 

The Hon. John Barrett, journalist and diplomat, 
was one of the energetic figures of the Congress. 
Educated in New England, he worked his way 
through college, and then gradually drifted East and 
became engaged in active journalism. He made for 
himself a reputation as a speaker of force and as an 
able writer on economic and political questions. In 
1894 he was appointed by President Cleveland as 
Minister to Siam, and distinguished himself in con- 
nection with the famous Cheek case. He is the 
youngest Minister ever appointed in the history of 







THE DELEGATES. 



Photos by Schlattman Bros., Mexico City. 



History of The Second Pan-American Congress 51 

the United States diplomatic service. Mr. Barrett, 
as a war correspondent, has traveled extensively in 
the East, and was with Dewey at the battle of Ma- 
nila. He has lately been appointed Commissioner- 
General of the St. Louis World's Fair to Asia and 
Australia. 

Dr. W. P. Wilson, Director of the Philadelphia 
Commercial Museums or the International Bureau 
of Commerce, was the commercial attache of the 
United States Delegation appointed directly by Pres- 
ident Roosevelt. He organized the bureau in 1894, 
since wdiich time it has held two international con- 
ferences in Philadelphia, for the broad purpose of 
encouraging international commerce. The first Con- 
gress in 1897 was attended by delegates from Mex- 
ico, Central and South America, while the delegates 
at the second conference in 1899 numbered 250 from 
various countries all over the world. 

Dr. Wilson is a graduate of Harvard, and was for 
a time instructor there in natural history. He then 
went to Germany, where he spent four years and 
received the degree of Dr. Sc. from the Tuebingen 
University. Returning to the United States, he was 
for many years director of the school of biology in 
the University of Pennsylvania. He resigned from 
that post to create the Bureau of International Com- 
merce, the object of which is to work for reciprocity 
of trade. The bureau has received aid from the 
National and State Governments and the City of 
Philadelphia. Its total expenditure up to date has 



52 History of The Second Pan-American Congress 

been $1,500,000 gold, having put $650,000 into per- 
manent buildings. 

John Cassel Williams, secretary of the United 
States delegation, was born in Ohio. He is a well- 
known and popular Washington correspondent, hav- 
ing been connected with the New York Herald bureau 
in that city for several years. 

The medical attache of the delegation was Dr. 
Milton J. Rosenau, assistant surgeon of the Marine 
Hospital, and director of its hygienic laboratory. 

Uruguay. 

The Hon. Juan Cuestas, the Delegate for Uru- 
guay, is a lawyer by profession, and began his public 
career as a fiscal agent for the Department of 
Florida, becoming later the Jefe Politico of that re- 
gion. He has been several times a Deputy, and is at 
present Minister Plenipotentiary to Washington and 
Mexico. Dr. Cuestas is the son of the President of 
Uruguay, Juan L. Cuestas. 

The secretary of this delegation was Senor Juan 
Etchegaray. 

Venezuela. 

The Delegates for Venezuela were Hons. J. Gil 
Fortoul and M. M. Galavis. The former is quite well 
known in Latin-America as a writer and historian. 
He has been Consul to Bordeaux and Liverpool; 
Secretary of Legation at Paris, and Charge d'Af- 
aires at Berlin. Dr. Galavis is a rising member of 
the Venezuelan bar. 

The secretary was Senor Enrique Perez Valencia. 



History of The Second Pan-American Congress 53 

Bureau American Republics. 

Mr. Williams C. Fox, Acting Director of the In- 
ternational Union of American Republics, and dis- 
bursing officer of the United States delegation, was 
one of the most indefatigable workers for and able 
advocates of the interests of the Union. Mr. Fox 
was Consul in Brunswick, Germany, for thirteen 
years; Charge d' Affaires in Persia, and Secretary of 
Legation in Greece. Having returned to the United 
States, he founded and published for a number of 
years the only strictly diplomatic journal ever at- 
tempted in the United States. It was on account of 
his able work in this field that he was called into the 
service of the International Union of American Re- 
publics, into which office he entered five years ago, 
and was temporarily filling the directorship, pending 
the return of W. W. Rockhill from China, during 
the existence of the Pan-American Congress. 



54 History of The Second Pan-American Congress 



CHAPTER IV. 

FROM WASHINGTON TO MEXICO CITY ON THE " STATE 
DEPARTMENT SPECIAL.'*' 

Mr. Fox, of the International Union of American 
Republics, acting incidentally as the disbursing of- 
ficer of the United States delegation, knew that a 
number of the Delegates and their families would 
depart for Mexico from the eastern section of this 
country. He, therefore, very thoughtfully, and with 
a view to the general comfort, arranged with the 
tourist department of the Pennsylvania Railroad for 
a special train to carry them to the City of Mexico, 
of which convenience nearly all availed themselves. 
The arrangement was on a co-operative basis, each 
passenger paying exactly the same amount that he 
would have been obliged to disburse in the ordinary 
course of travel. This train left Washington on 
Saturday afternoon, October 12. It was a luxurious 
one, consisting of three Pullman compartment cars, 
sleeping, observation, dining, smoking and baggage 
cars. To anyone who has ever journeyed to the land 
of the Aztecs, the comfort of a first-class restaurant 
with you during those five long days will be under- 
stood. The Pullman dining car " Waldorf " seated 
forty people. The meals were excellent and properly 
served by the Pennsylvania line, with a competent 
steward in charge. The arrangements were perfect ; 




CONFERENCE OF THE U. S. DELEGATION IN HOTEL SANZ. 
THE "STATE DEPARTMENT SPECIAL." 



Photos by the Author. 



History of The Second Pan-American Congress 55 

the Pennsylvania Railroad officials, as well as the va- 
rious officials of the other railways, being most oblig- 
ing. The journey in its entirety was a most enjoy- 
able one, there being no unpleasant incidents, nor 
anything that in any way marred the pleasure of 
the travelers. All connections were admirably made, 
causing no delay to the visitors. From Washington 
to St. Louis, the Pennsylvania Railroad and its con- 
nections were utilized. From St. Louis the train sped 
over the rails of the Missouri, Kansas and Texas 
Railway, where the famous " Katy Flyer " runs ; then 
over the San Antonio and Aransas Pass Railway, 
and from that to the Southern Pacific system, the 
14 Sunset Route " as far as the border. The next rail- 
way to take charge was the Mexican International, 
which rapidly, on schedule time, brought the party to 
Torreon, where the train was transferred to the 
tracks of the Mexican Central Railway. The splen- 
did engines of the latter drew into Mexico City. 

One of the most interesting features of the jour- 
ney from Washington to Mexico City was the visit 
to the site of the approaching St. Louis World's 
Fair, fully described in the following chapter. 

After leaving St. Louis the train sped across the 
rolling plains of Missouri, the monotonous level of 
Kansas and Indian Territorv and the somewhat des- 
ert-like Texas. At Parsons, Kansas, Mayor Buzbee 
had the inevitable brass band out, and United States 
Delegate John Barrett answered the Mayor's speech 
of welcome. At Muscogee, Indian Territory, the 



56 History of The Second Pan-American Congress 

great distributing centre for a growing region, the 
travelers saw a typical Oklahoma settlers' train, about 
to depart for that country. The roughly made prairie 
schooners, with their canvas covering, presented a 
strong contrast to the luxurious " palace on wheels " 
standing nearby. From Muscogee the train whirled 
along at a humming pace to the land of the Lone 
Star State. At many of the stations in Texas hun- 
dreds of huge cotton bales w r ere lying in the open. 
Along the roads, parallel to the railway, we observed 
that many heavy wagons, drawn by typical Southern 
mules, were hauling more bales to the trading centres. 
At Eagle Pass, on the American side of the Rio 
Grande, the band of the military post serenaded the 
visitors, and at Ciudad Porfirio Diaz, across the river, 
the local Mexican officers invited the party to par- 
take of refreshments. Toasts were drunk to the suc- 
cess of the approaching Congress. Much good feel- 
ing reigned, especially among the Latin-Americans, 
who naturally felt more at home where the Spanish 
language was spoken. 

The two days' journey from the frontier to the 
capital of Mexico was uneventful, though greatly in- 
teresting for the new scenes and sights. At a little 
way-station, where a stop was made for water, the 
writer took a hurried snap-shot at some odd houses 
on wheels, drawn by bullocks. They are the caravans 
of these deserts. Nomad-like Indians call them 
homes, and w r ere, at the taking of the picture, pre- 
paring to depart from the oasis where the train's lo- 



History of The Second Pan-American Congress 57 

comotive was taking water. Toward the morning 
of the last day of travel, Friday, October 18, the coun- 
try improved in appearance, with less dust. At 
Pacheco, a small hamlet, while waiting for a belated 
freight train, we visited a small settlement of prim- 
itive Indians. They seemed happy in their crude 
huts, made of brush and stray wood, patiently cour- 
teous to the inquisitive vistor. The latter were 
enjoying the novel sight until some callous and un- 
romantic American miner, about to depart for the 
interior, made an unpleasant reference to the fact 
that smallpox was quite common " 'round these here 
parts/' Result : General flight to the train. 

At the City of Queretaro, just before arriving at 
the station, we saw the modest chapel which marks 
the spot where the ill-fated Maximillian was shot. 
From the last named city the land rises to a height of 
nearly eight thousand feet, and gradually descends to 
the great valley of Mexico. The train reached that 
historic city toward night. 

The idea of organizing this special train was, in- 
deed, a very happy one, not only on account of the 
material comforts it provided, but also for the moral 
influence it created. The representatives of the dif- 
ferent Pan-American nations had an opportunity of 
exchanging ideas, and by this informal caucus work 
many little details were arranged and disposed of that 
would otherwise have called for unnecessary delay 
after the organization of the Congress. 

The visitors were suitably received by the Mexican 



58 History of The Second Pan-American Congress 

delegation and by the Government officials at the 
station of the Mexican Central Railway, and con- 
ducted to their respective hotels, glad to reach " terra 
firma," the scene of their future work. The United 
States delegation and several others found apartments 
at the Hotel Sanz, by far the, best and cleanest hotel 
in Mexico. The remainder went to some other hos- 
telries, and some to private houses. 



History of The Second Pan-American Congress 59 
CHAPTER V. 

AT ST. LOUIS. 

The Delegates, en route to Mexico, arrived at St. 
Louis on Sunday morning, October 13. At East St. 
Louis a committee representing the Louisiana Pur- 
chase Exposition Company came aboard the train 
and invited them to visit the city as the guests of the 
company. On entering the Union Station, the Dele- 
gates were received and welcomed by a large dele- 
gation of the prominent directors of the company 
and by Secretary Stevens. 

On the following morning, the Reception Commit- 
tee took its guests on a drive through the business 
portion of the city, ending at the rooms of the Latin- 
American Club. After an agreeable rest there, the 
delegates were escorted to the Merchants' Exchange, 
but a few steps away, where President Haarstick, on 
behalf of the Exchange, welcomed them, and Acting 
Mayor Hornsby spoke for the city in appropriate 
terms. President Francis, of the Louisiana Pur- 
chase Exposition, was received with cheers. He said, 
in part: 

" Gentlemen of the International Congress of 
American States : 
"The Louisiana Purchase Exposition Company 
feels honored to have as its guests representatives of 
our sister American republics, with which the people 



60 History of The Second Pan-American Congr:. 

of the United States are desirous of establishing 
closer relations, based on mutual benefits and a gen- 
eral community of interests. Less than a century 
ago, your countries and that portion of this which 
we inhabit acknowledged allegiance to foreign po- 
tentates. At that time the .capacity of our people 
and of yours for self-government was by no means 
admitted. Ownership and sovereignty of our coun- 
tries were transferred without consulting the wishes 
or the interests of those who felled the forests there- 
in, tilled the soil, delved in the mines, and produced 
the wealth. 

The young republic of Washington and Jefferson, 
whose struggles for independence had been followed 
with mingled sentiments of fear and hope by lovers 
of liberty in every clime, was but fairly launched on 
her incomparable career. The Corsican, who from 
an unknown lieutenant, had risen to be Emperor of 
France, and, as the man of destiny, had overturned 
thrones and invested his brothers and generals with 
the pomp and title of royalty, had, by a secret bargain 
and for a consideration which he failed to deliver. 
bought this Trans-Mississippi Empire from Spain. :: 
whom it had been sold by France thirty-seven years 
before. It is the transfer of this magnificent domain 
from foreign rule to membership in the Republic of 
the United States that this Exposition Company ~ 
formed to celebrate. * * * * 

" Our late lamented President, whose memory will 
ever be green in the hearts of a grateful people, in 



History of The Second Pan-American Congress 61 

his last public utterance, forcefully said: "Exposi- 
tions are the time-keepers of Progress." And al- 
most, if not quite, his last official act was his procla- 
mation announcing to the nations of the world the 
holding of this exposition under the auspices of the 
General Government, and inviting their active par- 
ticipation therein. 

"The people of St. Louis have provided Sio,ooo,- 
ooo, the Congress of the United States 85,000,000, 
and the State of Missouri Si, 000,000 additional for 
the inauguration of this exposition. Its exhibits will 
surpass those of any of its predecessors, as surely as 
every decade and every year of our history and of 
civilization for the past century have been superior 
to all that have gone before. There is improvement 
and progress in expositions as in all the other under- 
takings of men. Experience only fits us the better 
to minister to the tastes and demands of those whom 
we would please and educate. That exposition 
would be incomplete without the active participa- 
tion and co-operation of your countries.'' 

On behalf of the Delegates, the Hon. Martin Gar- 
cia Merou, the Argentine Minister to the United 
States, spoke as follows: 

"Ladies and Gentlemen: It is a great, although a 
difficult, privilege for me to present to you, on be- 
half of my fellow Delegates of the International Con- 
ference of the American States, our heartfelt thanks 
for this cordial reception extended to us on our 
pleasant visit to St. Louis. This is not the first time 



62 History of The Second Pan-American Congress 

that we have had the pleasure of enjoying the mu- 
nificence of American hospitality. You can afford 
to welcome in that way your brothers and friends of 
the other nations of the New World, because you feel 
that the cordiality of a great nation should be in 
accordance with the immense proportions of all its 
gigantic undertakings. 

' We passed yesterday through beautiful and cul- 
tivated fields; through cities swarming with all the 
activities of life, and we are now here in this marvel- 
ous centre of commerce and industrial development, 
admiring once more the energy, the intelligence and 
the achievements of the American people in all the 
lines of human activity. The blessings of prosperity 
so plentifully given to your nation are well deserved, 
gentlemen, by your inexhaustible and untiring ef- 
forts to improve the conditions of life in your coun- 
try; to raise the moral and intellectual standard of 
your race, and to link all the people of the world by 
the ties of mutual intercourse, sending your prod- 
ucts to every part of the globe as harbingers of 
peace. 

" Let us hope that the present prosperity of the 
United States will last forever, and increase in the 
future, bringing happiness and comfort to all the 
inhabitants of this country. Let us hope that we 
may celebrate together the success of your industry 
two years hence in the coming Louisiana Purchase 
Exposition, and repeat then to you the expression of 
our friendship and the cordial participation we take 
in all the triumphs of the American nation." 



History of The Second Pan-American Congress 63 

It was a cool, bracing October day, sunny and 
pleasant. Nothing could have been more appropri- 
ate than the exhilarating drive which was then taken 
through the residence portion of the city and the 
World's Fair site to the Country Club. The party 
arrived there delighted with the grandeur of Forest 
Park, wherein the site of the exposition is located, 
charmed with the scenery and ready to do full jus- 
tice to the delicious dinner which was served. Pres- 
ident Francis, on this occasion, acting as toastmas- 
ter, made a most interesting speech, and called upon 
a number of the guests for answers to toasts. 

Mr. Joaquin Bernardo Calvo replied to the theme 
of " Our Guests/' while Mr. Henry G. Davis spoke 
of the " International Congress of American 
States," and of the projected Pan-American railway. 
Mr. Manuel Alvarez Calderon also answered to the 
toast " The Isthmian Canal — May It Be Under the 
Control of the Western Hemisphere." 

Remarks were also made by the Hon. Carlos 
Martinez Silva, lately Colombian Minister to the 
United States, who responded to the sentiment, 
'The Patriots of Central and South America;" Mr. 
W. C. Fox, Acting Director of the Bureau of Amer- 
ican Republics, to " Monroe, Henry Clay and 
Blaine;" Dr. W. P. Wilson, of the Philadelphia 
Commercial Museum, who toasted to the "Louisi- 
ana Purchase Exposition," and others. 

The visitors were then taken to the St. Louis Club, 
where they remained until late in the evening. At 



64 History of The Second Pan-American Congress 

midnight the " State Department Special " left for 
the City of Mexico, and the Delegates carried very 
agreeable impressions of the hospitality of the St. 
Louis people, importance of their city and of their 
ability to organize and successfully carry out the 
enormous undertaking of a world's fair on a scale 
vaster than has ever been attempted 'before in the 
history of expositions. 



History of The Second Pan-American Congress 65 



CHAPTER VI. 

THE WORKSHOP OF THE CONGRESS. 
MEXICAN HOSPITALITY. 

The Mexican Government, at a considerable ex- 
pense, provided most comfortable quarters for the 
meetings, consisting of a large hall, with committee 
and reception rooms, as well as offices for the Sec- 
retary-General and staff. The Hon. Jose Ives Liman- 
tour. Secretary of Finance, vacated his offices in the 
left wing of the National Palace and placed them at 
the disposal of the Delegates. The special staircase 
of the Ministry of Finance was reserved for their use, 
at the head of which a large stained-glass door, to the 
left, separated the Conference headquarters from the 
rest of the great palace. This door was generally 
kept closed. To the right one entered the cloakroom 
and further the " hall of lest steps," the large gen- 
eral waiting-room of the Finance Department. Half 
way down this reception-room a door to the left led 
into what is usually the main audience-room of the 
Minister of Finance, and on this occasion was used as 
the meeting place and general reception-room of the 
Delegates and their friends before proceeding into the 
Hall of Sessions. A splendid portrait of Hidalgo, 
the patriot-priest, adorned one of the walls, which 
were covered with wine-colored satin, embellished 
by hand-painted Mexican eagles. A fine bust of 

5 



66 History of The Second Pan-American Congress 

Matias Romero, late Mexican Ambassador to the 
United States, stood on the centre table. To the right 
was the " amber " room, on account of the color of 
the satin wall hangings, also hand-painted with Mex- 
ican eagles. This was used as a committee-room. To 
the right, still on, the private office of the Minister 
served as headquarters for the Secretary-General and 
his immediate subordinates, there being other rooms 
adjoining these for the numerous employees. 

The Congress Hall, to the left of the main au- 
dience-room, was most handsomely decorated, the 
walls covered with light damask tapestry paper, with 
a brown wainscoating of carved mahogany. In a 
white-and-gold ceiling gleamed at night hundreds 
of opaque incandescent lights. Behind the Presi- 
dent's dais was a beautiful panoply, bearing the flags 
of the various countries represented. A golden shield 
in the centre of a dark red background bore the words 
"Pax-Lex;' 7 truly cymbolic of the purposes of the 
gathering. A handsome mahogany desk and chair 
were provided for each Delegate, secretary and to 
the journalists admitted, the former being grouped 
together, while the others occupied the rear portion 
and sides of the hall. After entering the cloakroom, 
turning sharply to the right, facing the inner court, 
were two large offices, handsomely and suitably fur- 
nished by the Mexican Government for the conven- 
ience of the International Union of American Repub- 
lics, which, under the supervision of Acting Director 
Fox, established a temporary library. This proved 
to be quite a convenience to the Delegates. 



History of The Second Pan-American Congress 67 

Downstairs, to the left of the special entrance, the 
Mexican hosts had even provided an " international 
free lunch " in the form of a delightfully cosy and 
attractive cafe for the free and unrestricted usage of 
the Delegates and their friends. Here also was a 
special branch postoffice and telegraph station, where 
the Delegates' mail was " franked " and their tele- 
grams sent at half rate. The Mexican Telegraph 
Company (Galveston and Pacific service) likewise 
established a half rate. This indicates to what extent 
the courtesy and hospitality of the Mexicans was car- 
ried in providing for these details. 

A company of soldiers mounted guard at the spe- 
cial doorway leading to the Congress ; a sergeant and 
platoon of municipal police were constantly at the 
service of the Delegates ; and in the rooms of the Con- 
gress proper a dignified majordomo, with numerous 
assistants, in evening dress, were ever alert to antici- 
pate the slightest needs of the visitors. 

A competent staff of expert stenographers, both 
for the English and Spanish languages, greatly ex- 
expedited the work of the various committees in pre- 
paring numerous documents and papers. The busiest 
man at the Congress headquarters undoubtedly was 
Senor Joaquin D. Casasus, Secretary-General of the 
Congress, and a member of the Mexican delegation. 
Mr. Casasus was practically the chief executive officer, 
as the real work of arranging many details devolved 
upon him. He was most efficiently assisted by Sec- 
retaries Godoy, Davalos, Duret and Macedo. It is but 



68 History of The Second Pan-American Congress 

justice to give him due credit for the dignified, easy 
and unruffled fashion in which the routine work of the 
Congress was carried on. Two other gentlemen, Mr. 
Starr-Hunt and Mr. Romero, are also entitled to a 
mention for the able and conscientious manner in 
which they fulfilled their difficult tasks as oral trans- 
lators. As the deliberations of the Congress were in 
the English and Spanish languages, it was necessary, 
for the benefit of the United States Delegates, that all 
remarks in Spanish be immediately translated into 
English. This task was intrusted to Mr. Starr-Hunt, 
who acquitted himself with credit under many difficult 
circumstances ; while Mr. Romero, nephew of the late 
Mexican Ambassador at Washington, translated 
orally into Spanish all the remarks or speeches made 
by the United States Delegates. This applies as well 
to the observations and speeches made at various 
times by M. Leger, Delegate from Hayti, whose re- 
marks in French were translated into English. 

It is not within the province of this book to dwell 
upon the social functions given either by the Mexican 
Delegates, the Government, or to each other by the 
various delegations, but in all fairness to the Mexi- 
cans — and I desire to emphasize the fact — all the 
balls, banquets, receptions and other entertainments 
given by them were conducted with tact, delicacy 
and lavish expenditure. They fully sustained their 
traditional reputation as charming and dignified 
hosts. 



History of The Second Pan-American Congress 69 
CHAPTER VII. 

THE POSITION OF THE UNITED STATES DELEGATION. 

To those who followed carefully the debates of 
the Congress, nothing was more emphatically ap- 
parent than the wide difference which exists in the 
methods of government, general view-point, cus- 
toms and practice between the various Latin-Ameri- 
can republics and the United States. While, in many 
instances, the constitution of the former is mod- 
eled after that of the latter, in practice the general 
method of government is centralistic, and the stat- 
ute and common laws are, as a rule, derived from 
the old Napoleonic Code. At the discussion of va- 
rious committee reports and the consequent debates, 
this fact was forcibly evident, somewhat to the dis- 
may of the more optimistic. 

The Latin-American countries gave their dele- 
gates more power and breadth of action than was 
embodied in the instructions to those of the United 
States. They had no one else to consult but their 
Executive, because, though the findings of the Sec- 
ond Pan-American Congress w T ere to be submitted 
in due legal form before the Legislatures of each 
country, it is a matter of fact that the difficulties of 
having the plans of the administration approved by 
those bodies are far less in Latin-America than in 
the United States. As the Hon. John Barrett said, 



70 History of The Second Pan-American Congress 

in part, in his farewell speech to his fellow Dele- 
gates, on December 20th, 1901 : 

" There is a peculiar condition in the United 
States, which possibly no other country on earth 
has to consider in its various deliberations. The 
United States delegation comes into this Conference, 
not only representing the United States as one nation, 
but as representing forty-five individual States; and 
it is absolutely binding upon the United States dele- 
gation, in all deliberations of the different questions 
before this Conference, that we should remember 
that anything to which we would set hand to here 
must be ratified by the United States Senate. The 
United States Senate represents forty-five different 
States of the United States ; none of these Senators 
are responsible to the President of the United States 
they are not responsible to the Secretary of State; 
they are responsible only to the Legislature of the re- 
spective States. Consequently, when any treaty or 
any proposition is considered, these various Senators 
vote on that treaty, or upon that proposition, not with 
reference merely to the recommendation of the Presi- 
dent of the United States, or the Secretary of State, 
but with reference to the individual wish of their re- 
spective States." 

This apparent weakness of the United States 
representatives was really its strength, and served as 
a beneficial restraint on the Congress, in the sense 
that it discouraged the presentation of many inconse- 
quential or impractical motions, which would have 



History of The Second Pan-American Congress 71 

uselessly taken up the time of that body. The cau- 
tion with which the Delegates of the United States 
were obliged to proceed placed them in a rather awk- 
ward position ; namely, that of not appearing as pro- 
gressive as their fellow Delegates when they opposed 
or blocked measures apparently worthy of unanimous 
approval, but which they knew would not obtain the 
ratification of their Senate. 

This necessary attitude was, indeed, at times, a sort 
of disappointment to the other Delegates, who looked 
to the United States to lead in the proceedings, as the 
real initiator of the Congress. 

The explicit instructions, however, of the Secre- 
tary of the State were not to take a prominent part, 
but to keep somewhat in the background, except at 
such times as the protection of their country's inter- 
ests and policy required them to be firm ; aiding and 
encouraging, at the same time, unobtrusively, all those 
measures which were practicable and not merely doc- 
trinal and theoretical. They adhered consistently to 
these instructions, to such an extent that it was re- 
peatedly hinted to them to come forward, and they 
were criticised, at times, for their apparent lack of 
decision and for not assuming that leadership which 
they were expected to wield. 

They complied fully with their instructions, con- 
ducting themselves at all times with tact and discre- 
tion. The position was a difficult one, especially 
in view of the reported aggressiveness and imperial- 
istic tendencies of the present Chief Executive of the 



72 History of The Second Pan-American Congress 

United States, whose attitude and view-point to- 
wards the sister republics of this hemisphere has 
been keenly watched by public men and press of 
those countries ; who believed that the attitude of the 
United States delegation, inspired by President 
Roosevelt, would throw some light on what his pol- 
icy would be with regard to them.* 



*See Appendix for " Instructions to the U. S. Dele- 
gates." 



History of The Second Pan-American Congress 73 
CHAPTER VIII. 

THE PRESS. 

The press of the world, with the exception of that 
of Latin- America, did not take a very great interest 
in the Second Pan-American Congress. Much com- 
ment was made, when the sessions began, to the effect 
that it would be a failure. Cartoons appeared, both 
in this country and abroad, ridiculing- the so-called 
comic feature of holding a Congress having for its 
principal aim arbitration, when several of the partici- 
pants were practically at war or likely to be so at any 
time. Interest was soon lost when it was discovered, 
to the dismay of the lurid sheets, that there would be 
no sensational events — no open quarrels — no fisti- 
cuffs, nor drawing of machetes. 

The same thing occurred at the Hague Confer- 
ence. There the numerous journalists present from all 
parts of the world, finding no " stuff " for scareheads, 
declared that nothing short of a general disarmament 
could possibly make the Conference anything but a 
failure ; and yet the Delegates to that great meeting 
accomplished their object. They laid the foundations 
of an international understanding to govern arbitra- 
tion, as well as for claims concerning pecuniary dam- 
ages, principles which were used as a basis for the 
deliberations of the Pan-American Congress on those 
subjects. 



74 History of The Second Pan-American Congress 

In the kaleidoscopic rush of events, the public of 
the United States, with feverish desire for sensa-' 
tional news as " breakfast tonics/' gave but passing 
attention to the handful of workers in Mexico City. 
The interest was greater in Latin-America. Their 
press discussed, earnestly alid at length, the different 
measures in their formative and final state as carried 
by cable or correspondence. 

The representatives of the national and the foreign 
press, but for their vigorous protests, might have been 
excluded from the sessions of the Congress. The 
Mexican hosts, following the precedent established 
at the Hague and other Conferences, thought that 
they were rightly interpreting the general desire of 
the Delegates in not making any provisions for the 
representatives of the "Fourth Estate." In fact, sev- 
eral sessions were held before the newspaper men 
were admitted. As soon as it became known that 
the exclusion of the press was contemplated, a can- 
vass of the opinions of the Delegates was made. 
Strong arguments were presented in favor of holding 
open sessions. The experience in this respect 
at the First Pan-American Congress was made evi- 
dent. Senor Carlos Martinez Silva of Colombia, 
who was also a Delegate on that occasion, stated that 
the attempts to hold the sessions of the First Confer- 
ence secret met with absolute failure; and that a lead- 
ing New York daily gave on the day succeeding that 
of each session a complete account of what had trans- 
pired. As a result of this agitation, the question 



History of The Second Pan-American Congress 75 

was earnestly discussed in an informal manner among 
the Delegates, a majority of whom pronounced them- 
selves in favor of holding open sessions, including the 
United States, whose Delegates seemed most active 
and interested in having the sessions public — or, at 
least, of admitting the newspaper men. The attitude 
of the United States delegation was presumed to be a 
natural one, in view of the complete liberty of the 
press in their country and of the vast and glorious 
part that it is taking in the intellectual development 
of the American people. 

This question was discussed during two entire ses- 
sions; namely, those of October 30 and 31. At the 
first session, Delegate Pablo Macedo of Mexico said, 
with much justice, that the Mexican delegation, in 
formulating the by-law r s, had, in reference to the press 
arrangements, only followed out the precedents estab- 
lished by the First International American Confer- 
ence and by that of The Hague. The Peruvian and 
Chilean delegations both suggested a modification of 
the rules, by which the newspaper men might be ad- 
mitted. Considerable debate ensued as to the word- 
ing of this amendment ,the majority of the Delegates 
being in favor of admitting the press. After much 
discussion the Peruvian proposition was voted on 
adversely, and that of Mr. Matte of Chile carried by 
sixteen votes, against the nays of the United States, 
Mexico and Haiti. The regulations were then made 
to read as follows : 

" Article 24. The deliberations of the Conference 



76 History of The Second Pan-American Congress 

shall be private, and, therefore, there shall be only 
admitted into the Hall of Sessions the Delegates, 
their secretaries, the Commercial Delegates, the Sec- 
retary-General and his secretaries, the directors of the 
International Union of the American Republics, the 
interpreters and stenographers of the Conference and 
the representatives of the press, in the number and 
according to the regulations that the President shall 
determine. The President shall take measures nec- 
essary for the observance of this provision ; but he is 
authorized to deliver personally, or through the sec- 
retary's office, at the end of each session, a report for 
the press to contain a brief description of what has 
taken place during the same, as well as the text of the 
resolutions approved or definitely rejected. 

" The Delegates who desire it may give the Presi- 
dent a brief extract of the speeches they have deliv- 
ered; in which case the extract to be given to the 
press must refer to them and shall be annexed as a 
copy. 

" Should any Delegate request that any particular 
session be held in secret or that it may continue to be 
so held, a motion to that effect will be given the pref- 
erence and be voted upon without discussion. If 
carried, the representatives of the press will not be 
admitted or will retire from the hall, as the case may 
be. All persons who may have been present at any 
secret session will be bound to maintain secrecy on 
whatever may have occurred at that meeting. 

" The Secretary-General will keep a register where- 



History of The Second Pan- American Congress 77 

in copy of the notes or extracts, to be given to the 
press, are to be copied." 

The Argentine Republic, Bolivia, Colombia, Costa 
Rica, Chile, Dominican republic, Ecuador, El Salva- 
dor, Guatemala, Honduras, Nicaragua, Paraguay, 
Peru, Uruguay and Venezuela voted in the affirma- 
tive; and the United States of America, Haiti and 
Mexico, in the negative. The vote of the United 
States was somewhat of a surprise, the Delegates 
claiming to have voted in the negative merely as a 
courtesy to their Mexican hosts. 

President Raigosa ruled that on account of the 
lack of room in the Hall of Sessions, it would be pos- 
sible to admit but three representatives ; namely, one 
for the United States service, another for that of 
South America and a third to represent the local 
press, the latter being expected to form a temporary 
press association. To this effect he called a meeting 
of the local and foreign representatives. They met 
in the Hall of Sessions and the proposition was laid 
before them. After a somewhat stormy meeting, in 
which the representatives of the foreign newspaper 
interests abstained from taking any part, the local 
press insisted upon having a larger representation, 
threatening not to take any notice whatever of the 
work of the Congress. After much discussion, places 
were finally provided as follows : For a representative 
of the local press association that was to be organ- 
ized to " cover " the Congress ; a special seat for 
the managing editors or proprietors of the local news- 



78 History of The Second Pan- American Congress 

papers, they to occupy this place by turns ; desks for 
the representative of the Associated Press and Mex- 
ican Herald; to the special correspondent of the New 
York Sun service and to the writer as the representa- 
tive of the Mexican Telegraph Company, the Publish- 
ers' Press and Scripps-McRae Press Association and 
other interests. The Mexican Telegraph Company 
organized a free bulletin service for Central and 
South America, by means of which nearly all the 
newspapers of Latin- America were supplied with a 
full daily report of the happenings. 

This arrangement was satisfactorily maintained 
during the entire life of the Congress. As a matter 
of fact, the majority of the local newspapers, so fear- 
ful of the supposed loss of rights or privileges, gave 
but little earnest personal attention to the Congress. 
The brilliant exception was the intelligent and accu- 
rate reporting of El Impartial and the Mexican Her- 
ald. 

The Delegates never made any complaint as to the 
accuracy and fairness of the reports of the news- 
paper men admitted, and those few malicious and 
unfounded rumors circulated abroad, chiefly of a 
personal nature, were always traceable to the willful 
exaggeration or incompetency of persons not present 
nor cognizant of the real situation of affairs. The 
vote of thanks unanimously passed, at the closing ses- 
sion of the Congress, by motion of Senor Alvarez 
Calderon, the Delegate from Peru, to the national 
and foreign press, is proof sufficient of the truth of 
the above statement. 



History of The Second Pan-American Congress ' 79 

As to the secret sessions, for which provision was 
made in the above-quoted resolution, this privilege 
was used on only two occasions, and in both instances 
the representatives of the press took pains to show the 
futility of such proceeding by cabling full particulars 
of the session happenings within a few hours of its 
closing. 

Mr. Casasus, the Secretary-General, complying 
with Article 24 of the by-laws, supplied the press rep- 
resentatives with a summary of each sessions's pro- 
ceedings, in both the Spanish and English languages. 

It is believed that a fatal blow has been dealt to 
the advocates of holding secret sessions in connection 
with conferences or deliberative bodies where the 
interest and welfare of nations is being discussed, 
excepting when a legislative body deliberates on 
measures of national defense or of such a character as 
to require absolute secrecy for their successful accom- 
plishment. 

I fully agree with Mr. Frederick W. Holls, who, 
in his work on The Hague Conference, in reference to 
secrecy at committee meetings, says : 

li Possibly fuller reports of the discussions even in 
the committees would have sufficed to change the at- 
titude of the press — but it may well be doubted. On 
the other hand, there can be no question that but for 
the secrecy surrounding the deliberations, especially 
of the Comite d' Examen, it would have been impos- 
sible to remove some of the more serious difficulties 
and the Conference would have broken up without, 



80 History of The Second Pan-American Congress 

perhaps, accomplishing anything and having by its 
very failure done immense and irreparable damage to 
every peaceful, progressive and civilizing interest in 
the world/' 

Quite true. The committee-room is the place where 
all contemplated measures are molded into debatable 
form, after which they are not only before the con- 
sideration of the deliberative body assembled, but also 
before that of the world. 

But Mr. Holls further says : " A departure for any 
reason from the safe rule of privacy during the con- 
tinuance of the work would have done irreparable 
damage at The Hague, and the same is likely to re- 
main true in future conferences. That this need not 
imply the slightest neglect of the tremendous power 
of the press is shown by the fact that a thoughtful 
and thoroughly competent journalist, such as the cor- 
respondent of the London Times, found no difficulty 
in furnishing reports which, while violating no con- 
fidence, still kept his constituency fully and accu- 
rately informed of the general progress of the work 
of the Conference." 

Mr. Holls' opinion was not sustained at the Sec- 
ond International Conference, where the admission 
of the press has established a valuable precedent. 
There is nothing very remarkable in the fact that 
the correspondent of the London Times was able to 
give accurate reports of the proceedings, even though 
unadmitted. The journalists in Mexico City did 
likewise when the secret sessions were held. 



History of The Second Pan-American Congress 81 

The Hon. Pablo Macedo, Delegate from Mexico, in 
his very able speech in defense of the attitude of the 
Mexican delegation, of which no complaint is made, 
taking all precedents into account, made a statement, 
which, while compatible with the principles of an 
autocratic form of government, hardly applies to the 
methods supposed to be in existence among govern- 
ments of a constitutional and popular character. 
The paragraph to which I refer is. as follows : " But 
are we ... to admit our several peoples 
to our deliberations, by allowing them to bring to 
bear on us the almost irresistible influence of the 
press ? For, let us not deceive ourselves, Messrs. Del- 
egates, once having admitted the press within this 
hall, during the discussion of matters which in their 
essence are diplomatic, we must either make up our 
minds to dispose of all such matters in a single ses- 
sion, or, if not, to come hither to every succeeding 
session, under the influence, (perhaps unperceived by 
ourselves, but not on that account less real) of the 
opinions expressed by the local press and the press 
of your respective countries, of which we shall learn 
by telegraph all the more quickly in proportion as the 
opinions propounded abroad are more radical and 
advanced." 

The open discussion by the public and press of 
measures bearing directly upon the nation's welfare, 
even though of a diplomatic character, has and always 
will greatly influence the acts of legislators and dip- 
lomatists. While there are subjects upon which the 

6 



82 History of The Second Pan-American Congress 

public at large is not in a position to form a correct 
judgment of, especially those dealing with intricate 
points of international jurisprudence, as a rule, the 
greater the publicity the greater will be the general 
efficiency of any measure of public weal. 



History of The Second Pan- American Congress 83 
CHAPTER IX. 

FORMAL OPENING OF THE CONGRESS. 

At 4 o'clock in the afternoon of the 22nd of Octo- 
ber, 1901 (memorable date in the annals of confer- 
ences), forty-two Delegates, representing nineteen 
independent countries of the Western Hemisphere, 
met in the reception room of the Ministry of Fi- 
nance, which had been converted into a magnificent 
Hall of Sessions. The moment was one of great 
historical significance. An exchange of significant 
looks and nods among the Delegates clearly meant, 
" At last." For over two years those interested in 
a more complete Pan-American understanding had 
worked incessantly, and used every possible effort, 
to bring about this meeting. Their gratification was 
tempered by some anxiety as to the final result, 
though it was, indeed, a great satisfaction to feel 
that at least whatever the result of the Congress 
might be, the representatives of every free Western 
nation were present. 

After the Delegates had been duly seated by the 
Secretary-General, each delegation together, His 
Excellency Senor Ignacio Mariscal, Secretary of 
State of the Mexican Republic, in an address of great 
brilliancy and depth, said, among other things :, 

" It is more than eleven years since the Interna- 
tional American Conference, destined to promote 



84 History of The Second Pan-American Congress 

friendly understanding and fraternal harmony be- 
tween nations of this hemisphere, met at the City 
of Washington, for the first time in history. Since 
then a sufficient period has elapsed to reflect on the 
means conducing to so glorious an end, and events 
which have occurred in the whole world, as well as 
the efforts made in Europe with the noble object 
of obtaining similar results, whether of the old con- 
tinent and some republic of ours, or among Span- 
ish-speaking people, may serve us as a guide and 
example to advance so delicate an undertaking. 

Undoubtedly, we should not despair owing to the 
little which apparently has been attained, if we com- 
pare the grand aspirations previous to gatherings, 
such as the one that is today inaugurated; because, 
if rightly understood, what has been obtained is 
not of such little importance, nor is there any rea- 
son to fear that this Congress will fail to make an 
advance on the work of its predecessor, whose la- 
bors can, in no wise, be considered as lost to the 
world. Every step that humanity takes in the true 
path of progress, however insignificant it may ap- 
pear to be, if taken in the true direction of its well- 
being, which no thinker disputes, and which every 
philanthropist yearns for; every step having for its 
object purely humanitarian interests, is a conquest 
that can never be lost; is a stake firmly driven to 
point out the true pathway of advancement. 

»1* *t* >A* s|> >tf >t* •*&* "igf *!* 

*X* >!*> *J* *f+ >f* *T* <f* ^y* ^S 

" There can be no doubt whatever that the senti- 
ment of friendship and fellow-feeling cultivated to 



History of The Second Pan-American Congress 85 

such a high degree by our Northern neighbor 
among the representatives among the three Amer- 
icas, and the truly useful publications of the bureau 
established by the Conference at Washington, as 
well as the work so conscientiously accomplished 
by the Congress of the The Hague, brought about by 
the generous initiative of the Emperor of Russia, 
and, lastly, the interchange of feeling of affection 
which prevailed at the recent pleasing gathering of 
delegates from the Spanish-speaking countries; all 
these interesting studies, whose emotions seem, at 
first sight, only theoretical, though the outgrowth 
of pure sentiment, have not been vain efforts to 
realize dreams. Later on, they will lead to a prac- 
tical result, and even now have given seasoned 
fruits which are plainly apparent to a careful ob- 
server. 

" From the moment that Mexico accepted the 
honor done her by the selection of her Capital for 
the second meeting of the Conference, she consid- 
ered that this was a friendly gathering of sister re- 
publics, desirous of discussing matters pleasant and 
of unquestioned interest to all, in order to arrive at 
some solution which might be accepted, if not unan- 
imously, at least by a great majority of those rep- 
resenting their countries. The expectation of this 
agreeable meeting, whose results may be perhaps 
the adoption of practical means for the general 
peace and progress to which we all aspire, or at 
least may lead to the desirable increase of mutual 



86 History of The Second Pan-American Congress 

sympathies and the disappearance of prejudices 
which may have sprung from a lack of cordial and 
frank interchange of ideas, that expectation which 
we Mexicans have cherished for the last few 
months, and which now becomes a reality by the 
pleasing spectacle of your -presence, has filled us for 
some time with pleasure, mingled, it is true, with 
some anxiety, as we feared that some of our South- 
ern brothers would not be with us. Happily, all 
are here represented, and as worthily as we could 
desire, the rest of the Spanish-American nations 
that had been invited being also among us. Had 
anyone voluntarily abstained from coming, our re- 
gret would have been the same, whether that coun- 
try was most or least populous and rich, since they 
all enjoy perfect equality, and must be alike when 
voting and discussing, and are alike also in our 
hearts. 

"You are, therefore, welcome, Messrs. Dele- 
gates, and you may be sure that your visit to this 
city is, and will always be, considered as one of the 
happy events in our history. 

The same will happen, when, in a few days, you 
will visit other cities of our country, however rapid 
your visit to them may be. These are the feelings 
prevailing among my fellow-citizens, and you are 
most cordially received, not only by the Govern- 
ment, but by the whole people of the Mexican Re- 
public."* 

*From the Official Minutes. 



History of The Second Pan-American Congress 87 

The President of the delegation from Peru, the 
Hon. Isaac Alzamora, who had been unanimously 
selected to answer Senor Mariscal's speech, in the 
name of the Delegates, rose and made the following 
dignified and suitable remarks: 

"Mr. Minister: I have been honored in being 
asked to convey the ideas and sentiments of the 
Delegates assembled in this Hall, in answer to the 
speech that you have just delivered, and to all that 
the Mexican people have done and continue to do 
for the success of this Congress and for the satis- 
faction of its members and the Governments repre- 
sented by them. 

" Time enough had, indeed, elapsed to hold the 
Second Pan-American Conference, if the noble in- 
itiative of the United States Government, now sec- 
onded by the Mexican Government in a form for 
which the whole of America feels highly obliged, 
was not to be forgotten and fruitless. 

" No matter how small the results of the first 
Congress may have been, as you say, we must not 
despair. The assembling of the entire American 
Continent to calmly deliberate upon its highest 
common interests, can never be fruitless. 

' The allusion you have made to The Hague and 
Madrid Conferences, and, above all, to the persist- 
ent initiative of the most powerful States, to give 
life to these meetings, is a conclusive proof that 
we will attain results truly practical for the welfare 
of the people of the Continent. 



88 History of The Second Pan-American Congress 

" It is, indeed, very suggestive that the interna- 
tional propositions of peace and harmony, based 
upon justice, should originate with nations of great 
strength; and it is, doubtless, in the interest of the 
other nations to reciprocate that initiative. 

" We appreciate that here there is no room for 
further struggles, beyond those very noble ones 
which have for their object the establishment of 
everything that is good. We can rest assured that 
no one will profane this great temple of American 
solidarity with questions which do not interest all, 
nor with rancors that could easily be thrown off 
before they entered it. 

"Accept, Mr. Minister, for the illustrious Govern- 
ment of which you form a part, for yourself and 
for all the Mexican people, our most sincere grati- 
tude and that of our Governments for the welcome 
you have just given us, for the different and re- 
peated courtesies we have received since we stepped 
upon the soil of this noble and privileged country, 
for the efforts of all kinds that you have made, with 
brilliant success, in behalf of the Congress, and for 
those which you kindly promise to continue. 

" On our part, we cherish the fervent wish that 
success may crown the efforts of the Mexican Na- 
tion, and that the fruits of progress and happiness 
may be showered upon the people who honor us 
with their generous hospitality. "* 

*From the Official Minutes. 



History of The Second Pan-American Congress 89 

After the termination of Senor Alzamora's re- 
marks, His Excellency Senor Mariscal said: 

" In the name of the President of the United 
States of Mexico, I now duly declare assembled this 
Second International Pan-American Conference." 

Senor Mariscal then requested that, according to 
the agreement ,a president pro tern, be appointed for 
the discussion of the by-laws, a draft of which would 
be submitted by the Mexican Delegates. In compli- 
ance with this request, the Hon. Genaro Raigosa, 
president of the Mexican delegation, was elected pres- 
ident pro tern. On assuming the chair, the president 
of the Mexican delegation referred to the preliminary 
measures that the Mexican Government has consid- 
ered necessary to adopt in organizing the staff of 
secretaries, following the precedent established at the 
International Monetary Conference of Brussels, in 
1892, and at the Peace Conference at The Hague in 
1899. The object of the Mexican Government had 
been to avoid loss of time in the organization of the 
detail work. He proposed the ratification of the ap- 
pointments of the Secretary-General and secretaries 
to the Conference, which were duly confirmed. 

The Hon. Joaquin Bernardo Calvo, Delegate for 
Costa Rica, and late secretary of the Costa Rican del- 
egation to the First International American Confer- 
ence, submitted the following resolution, which was 
unanimously adopted, to wit : 

" Resolved, That the International American Con- 
ference, in commencing its labors in the City of 



90 History of The Second Pan-American Congress 

Mexico, believes it complies with a duty of solidarity 
in spreading upon the minutes of this inaugural ses- 
sion the names of those members of the First Inter- 
national American Conference assembled at Wash- 
ington in 1899, who since then have died, and whose 
memories are gratefully cherished in their respective 
countries, and in the annals of the American con- 
tinent, and who devoted their talents and constant en- 
energy towards peace and prosperity. The names of 
these deceased gentlemen are as follows : James G. 
Blaine, the noted statesman and moving spirit of 
the First Conference; Felix Cipriano Coronel Ze- 
garra, Minister of Peru in Washington ; Matias Ro- 
mero, a renowned diplomat, and General Enrique A. 
Mexia, from Mexico; Jacinto Castellanos, from Sal- 
vador; William Henry Trescott, from the United 
States ; J. G. do Amaral Valente, from Brazil ; Han- 
nibal Price and Authur Laforestrie, from Hayti, and 
Floracio Guzman, from Nicaragua/' 

The Hon. Luis Felipe Carbo, Delegate for Ecuador 
and the Dominican Republic, then presented the fol- 
lowing resolution, which was unanimously accepted : 

" Resolved, That w T e deeply lament the tragic death 
of President McKinley, who secured the requisite 
authority from the American Congress to convene 
this assemblage, which has met today under the 
auspices and through the splendid reception tendered 
by the Government of the Mexican people." 

The Hon. Carlos Martinez Silva, Delegate for Co- 
lombia, suggested that the two foregoing resolutions 



History of The Second Pan-American Congress 91 

be communicated to the relatives of the persons there- 
in mentioned ; and also that, as a sign of condolence, 
the session should adjourn. This suggestion, put in 
the form of a motion, was unanimously accepted, thus 
ending the deliberations of the inaugural session of 
the Second International Pan-American Congress. 

From the Congress Hall the Delegates went in a 
body to the Presidential wing of the palace, where 
they were formally received by General Diaz and his 
Cabinet. 



92 History of The Second Pan-American Congress 



CHAPTER X. 

EARLY SESSIONS. 



The Colombia-Venezuela Incident. 
Discussion of the Regulations. 
Election of Permanent Officers. 



THE COLOMBIA-VENEZUELA INCIDENT. 

At the opening of the second session of the Con- 
gress Mr. Martin Garcia Merou, Delegate for the 
Argentine Republic, presented a resolution referring 
to the impending conflict between Colombia and Ven- 
ezuela, in the name of his delegation and of those of 
Bolivia, Brazil, Paraguay and Uruguay, suggesting 
that a friendly and respectful message of peace be 
sent to these sister republics. It was during the de- 
bate on this motion that the suspected coalition of cer- 
tain republics made itself manifest. A surprising 
unity of action was shown to defeat Chile in her well- 
founded objections to a hasty consideration of the 
subject. Subsequent events fully justified them. 

Senor Garcia Merou made a brief reference to the 
reports of a pending conflict between Colombia and 
Venezuela, and expressed the opinion that the Con- 
gress, by its very character and the feeling of closer 
bonds which had caused its existence, could not re- 
main indifferent to a situation of affairs that " can 



History of The Second Pan-American Congress 93 

easily degenerate into a bloody and regrettable war." 
The speaker stated that the situation demanded 
some action, respectful but prompt, on the part of 
the Congress, solely inspired by the friendliest in- 
tentions towards both republics, and concluded with 
the following resolution: 

" Whereas, The American International Confer- 
ence in Mexico, considering : 

" That peace is the first condition for the prosper- 
ity and progress of nations; 

' That harmony between the States represented in 
this Conference is indispensable in order that their 
work should have the hoped for result ; 

' That the Conference, invoking the common 
origin, historic traditions and the solidarity of inter- 
ests of the Republics of Colombia and Venezuela, con- 
siders it opportune to address a friendly and deferen- 
tial word to the governments of the countries before 
mentioned, in order to prevent any regrettable con- 
flict which in the present circumstances might alter 
the cordial relations between those sister republics ; 

" Now, then, Resolved : 

"ist. That it conveys its desire that the govern- 
ments of the republics referred to, inspired by the 
sentiments already expressed, may reach an equitable 
and fraternal settlement of their present difficulties; 

" 2nd. That the President of the Congress be au- 
thorized to transmit this resolution by cable to the 
respective governments, in the hope that it may be 
received in the same spirit of cordiality and deference 
in which it has been inspired." 



94 History of The Second Pan-American Congress 

After this resolution had been read by the secre- 
tary, the Chair asked the assembly whether it should 
at once be taken under consideration. This query led 
to a protracted debate, which engaged the entire time 
of that session. Objections were made as to the pro- 
priety of presenting this resolution before the regu- 
lations had been approved. 

Mr. Augusto Matte, Delegate for Chile, stated 
" that, though it is not possible to entertain other 
sentiments than those which have inspired the au- 
thors of this proposition/' he considered that there 
was no urgent reason for putting it to a vote, and 
that it was preferable that it should be subject to 
the ruling provided for in Article 18 of the regula- 
tions proposed by the Mexican delegation, which 
stated that all propositions shall be referred to the 
proper committees, unless the Congress, by a ma- 
jority of votes, should decide to either discuss or re- 
ject them immediately. 

The Secretary-General, in substantiation of the 
procedure of the Chair, stated that the regulations 
proposed by the Mexican delegation were not yet in 
force, and that as the Congress was supreme in its de- 
cisions it had been deemed expedient to consult the 
same. 

Mr. Garcia Merou then reminded the assembly that 
on the previous session a precedent had been estab- 
lished in the resolutions passed deploring the death 
of President McKinley and recalling to memorv some 
of the Delegates to the First Conference that had 
since died. 



History of The Second Pan-American Congress 95 

Mr. Walker Martinez, Delegate for Chile, then 
rose and stated that " there was a lack of under- 
standing in the matter; that the Chilean delegation 
did not refuse to cast a vote on the resolution, in so 
far as concerned its intent: but that he thought that 
it would be more logical and natural to approve at 
once the regulations which should be the basis for 
the debates of the assembly. On the other hand, it 
was difficult to form a correct judgment of a subject 
at a single reading, and even after being fully cogni- 
zant of its purport it was necessary that all the mem- 
bers of each delegation should consult each other as 
to the definite opinion which they would care to 
give upon it" 

The majority of the Delegates did not realize the 
precedent fatal to the success of the Congress, which 
was being established. If it were within the preroga- 
tives of this body to interfere in the quarrel of these 
two members of the Pan-American family, what waa 
to prevent at any time the presentation of a motion 
asking that a similar step be taken in connection with 
any of the several boundary or other disputes now- 
pending between our sister republics? Fortunately, 
neither the Colombian nor the Venezuelan Delegates 
resented this interference; but let us suppose, as an 
example, that the same suggestion had been made 
with reference to the acrimonious dispute between 
Peru and Chile ; would not such an act have sounded 
the death-knell. of the meeting? 

We must not lose sight of the fact that the hide- 



; 



96 History of The Second Pan-American Congress 

pendent element therein was bound to join in the de- 
feat and suppression of all those acts or efforts on the 
part of either of the factions, which would establish 
dangerous precedents. 

A lengthy discussion then took place as to the 
propriety of taking the matter under immediate con- 
sideration. Many opinions and suggestions were 
made. Delegate Pineda, of Mexico, said that the 
proposition of the Argentine and other delegations 
could not have been more opportune, generous or in 
accordance with the sentiments of fraternity which 
unite all the nations of America, but it would lose 
nothing by being submitted to the consideration of a 
special committee. 

Delegate Carbo, of Ecuador and the Dominican 
Republic, made a similar suggestion, adding that he 
thought that reliable information should be obtained 
as to whether there was any immediate danger of war 
and as to the acceptability of this resolution. 

Antonio Bermejo, of Argentine, defended the mo- 
tion presented by his colleague, stating that to delay 
its acceptance would be to impair its usefulness and 
weaken its intent, and that it should be voted upon by 
acclamation, " as the spontaneous expression of a 
unanimous sentiment." 

The Delegate from Colombia, General Rafael 
Reyes, stated that he had no intention of taking part 
in the debate if the real intent of the question were to 
be discussed, but as to its convenience and oppor- 
tunity, he thought it was due to the assembly to state 



History of Th-e Second Pan-American Congress 97 

that Colombia has no conflict with her neighbors, 
Ecuador and Venezuela. There being often only 
imaginary lines as frontiers, misunderstandings can 
readily occur, and although on this occasion such has 
been the case, it has not been through any action of 
their governments, Colombia, Ecuador and Ven- 
ezuela having " but one soul and heart." The speaker 
said that the questions with Ecuador had been satis- 
factorily adjusted and that he hoped soon would be 
the case with Venezuela. He did not consider, how- 
ever, that the suggested resolution was inopportune 
and felt grateful for the sentiments of sympathy 
which inspired it. 

Mr. Gil Fortoul, of Venezuela, rose to say that 
he also would abstain from the debate if the sub- 
stance of the proposition were to be discussed. Not- 
withstanding, he considered himself under the neces- 
sity of acquainting the assembly that his Government, 
in a note to friendly nations, has explained the cir- 
cumstances which have led to a belief in other for- 
eign parts that there exists a conflict between Ven- 
ezuela and Colombia. Venezuela has asked for an 
explanation of the acts committed, not only on the 
frontier, but in its very territory. 

Mr. Matte then said that the very discussion to 
which this proposition had given rise showed conclu- 
sively that it was necessary to approve the by-laws 
beforehand. That the resolutions passed at the pre- 
vious session were of an entirely different nature, 
being acts of courtesy and of grateful remembrance. 



98 History of The Second Pan-American Congress 

He further stated that the respect due to the rights of 
Delegates counsels that they should not be forced to 
vote upon matters which they have not been able to 
study sufficiently. 

The debate continued; several suggestions of a 
practically identical nature, were made, and finally the 
Secretary-General, in order to end an interminable 
discussion, put the question to a vote as to whether 
the Argentine proposition should be taken up at once. 
The result was in favor of immediate attention, by 
nine delegations against eight, Venezuela and Colom- 
bia not voting. The ayes were: Argentine, Bolivia, 
Brazil, United States, Guatemala, Mexico, Paraguay, 
Peru and Uruguay ; and in the negative Costa Rica, 
Chile, Dominican Republic, Ecuador, Salvador, 
Haiti, Honduras and Nicaragua. 

The proposition of Mr. Garcia Merou was there- 
fore immediately voted upon with the result that Sal- 
vador, Ecuador, Dominican Republic and Nicaragua 
voted in favor of the motion, explaining that as this 
suggestion seemed the will of the majority they had 
voted for it, and that their objections had been purely 
on the question of rules. The Delegates of Chile and 
Haiti joined Venezuela and Colombia in abstaining 
from voting. 

The United States Delegates, unwilling to show 
but the liveliest interest in anything favoring the pres- 
ervation of peace, voted with the majority, knowing 
well that there, is a certain element in Spanish- Amer- 
ica ready and willing to impute the most absurd mo- 



History of The Second Pan-American Congress 99 

tives to the most innocent acts of our foreign policy. 
As provided for by the approved resolution, Pres- 
ident Raigosa sent the following cable on that same 
day: 

" To His Excellency ( Venezuela. — Caracas. 
the President of \ Colombia. — Bogota. 

' The Second American International Conference, 
considering that peace is the first condition for the 
welfare and progress of nations, and invoking the 
common origin, the historical traditions, and the sol- 
idarity of interests of the Republics of Colombia and 
Venezuela, deems it advisable to address a friendly 
and courteous word to the Government of Your Ex- 
cellency in order to prevent any painful conflict that 
in the actual circumstances could change the cordial 
relations between those sister republics, and express 
to the Government of Your Excellency, as well as to 
that of ^o^o^ jjy*/ its desire that both republics, 
inspired by these sentiments, will arrive at an equi- 
table and brotherly understanding of your present 
difficulties. The Conference entertains the hope that 
its resolution to address Your Excellency and the 
Government of chom^bu wil1 be recei ved in 
the same spirit of cordiality and courtesy by which 
it was inspired. 

[signed] Genaro Raigosa, 

Delegate for Mexico and President Pro Tern, of the 
American International Conference. 

Mexico, October 24th, 1901." 



L nfr. 



100 History of The Second Pan-American Congress 

At the session of November 2, Mr. Gil Fortoul 
addressed the Chair, stating that he had private in- 
formation to the effect that an answer had been re- 
ceived from his Government to the message sent 
on October 23, and asked if the Government of Co- 
lombia had seen fit to reply. 

President Raigosa admitted having received an 
answer from Venezuela, but none from Colombia. 

Mr. Gil Fortoul then requested that the communi- 
cation from his Government be withheld until that 
of Colombia had answered. He believed that diplo- 
matic usage and custom would sustain him in this 
request. 

The Chair manifested a perfect willingness to do 
this, if none of the Delegates objected. 

General Reyes explained that on account of the 
revolution in Colombia and of the extensive land 
lines to Bogota, it was likely that the message might 
be unusually delayed. 

At the opening of the eleventh meeting President 
Raigosa announced that he was in the receipt of the 
Colombian message. He stated his intention of now 
reading both answers and suggested the advisability 
of holding a secret session. Some discussion arose; 
the matter was put to a vote, all being in favor 
of a secret session, with the exception of Paraguay. 
The secret meeting lasted one hour and twenty min- 
utes. The answers of Colombia and Venezuela were 
read. 

President Castro's note was of an insolent nature. 



History of The Second Pan-American Congress 101 

It precipitated a crisis in his Cabinet, and was 
chiefly notable for the ridiculous statements it con- 
tained. That Castro did assist the Colombian Lib- 
erals with arms, ammunition and supplies is a noto- 
rious fact. He said in part : 

" As the impartiality of your judgment will be the 
best guarantee for your opinion, I call your atten- 
tion to the important fact that the Venezuelan Gov- 
ernment explained its conduct in this matter in a 
memorandum to friendly nations, and it would be 
very opportune if the Colombian Government in turn 
should — since it has not up to this date — explain to 
you its reasons for permitting its army on that occa- 
sion to cross our frontier in a warlike attitude and an 
infamous and perfidious manner, no declaration of 
war having preceded it, and thereby causing great ca- 
lamities to Venezuela. 

" Colombia has been influenced only by the desire 
to establish conservative governments in the neigh- 
boring republics, as appears from official documents 
issued by the Columbian Minister of War since 
April i. 

" Furthermore, shameful insults to the Venezuelan 
Government constantly fill the columns of the Co- 
lombian official press. No case can be cited of the 
Venezuelan press indulging in such degrading con- 
duct, wounding the majesty of the Colombian na- 
tion in the person of its magistrates. 

" I thus sum up the desire of Venezuela to be that 
of peace with all civilized nations, but an honorable, 



102 History of The Second Pan-American Congress 

fruitful peace, worthy of the existing civilization and 
progress."* 

Colombia's answer, which has never been made 
public, was gracious and of few words. It contained 
no charges or recriminations. The Congress was 
thanked for its friendly message, but " there had 
been no declaration of war, nor would there be. 
The Government would always appreciate the good 
offices of friendly nations, in case of conflict, if com- 
patible with its dignity." 

At this secret session no debate took place, it being 
resolved that the communications in question be filed 
and not replied to. High indignation was expressed 
at the Castro note by those delegations that had in- 
spired this act of the Congress. Haiti and Chile, the 
objectors to this step, which was wholly without the 
province of the Congress, were vindicated. 

THE REGULATIONS. 

At the third session, the regulations proposed by 
the Mexican delegation were placed under discus- 
sion, and, at the suggestion of several members, 
were taken up chapter by chapter. These were de- 
bated upon during five sessions, and substantially 
modified, though the Mexican draft was accepted 
as a basis. It was agreed to hold the meetings 
three times a week — on Mondays, Wednesdays and 
Fridays, from 10 o'clock to I each morning. Spe- 
cial meetings could be called for by the President. 

*Literal translation. 



History of The Second Pan-American Congress 103 

When the second chapter, which refers to the 
various committees, was reached, Mr. Henry G. 
Davis, Delegate of the United States, suggested 
that a special committee of seven members be ap- 
pointed by the Chair, " whose duty it shall be to 
designate and report to the Conference, as early 
as practicable, such committees as in its judgment 
should be appointed, to facilitate the business of 
the Conference; and the number of members which 
each committee shall have, with the exception that 
each republic shall name one Delegate to serve on 
that of arbitration. " Mr. Augusto Matte, of Chile, 
seconded this motion, which was approved by all, 
with the exception of the Delegate from Brazil, 
who had made a somewhat different suggestion. 

President Raigosa, pursuant to the dictates of 
the Congress, named the following committee: 
Henry G. Davis, United States; Jose Hygino Du- 
arte Pereira, Brazil; Luis F. Corea, Nicaragua; 
Antonio Lazo Arriaga, Guatemala; Carlos Marti- 
nez Silva, Colombia; Juan Cuestas, Uruguay; Ce- 
cilio Baez, Paraguay. 

At a subsequent session, the above committee 
presented its report, suggesting the following clas- 
sification : 

i. Arbitration, nineteen members. 

2. Water Transportation, seven members. 

3. Commerce and Reciprocity, nine members. 

4. Tribunal of Equity or Claims, seven members. 

5. Pan-American Railway, nine members. 



104 History of The Second Pan-American Congress 

6. Reorganization of the Bureau of American 
Republics, five members. 

7. International Law, seven members. 

8. Extradition, and Protection Against Anarchy, 
five members. 

9. Pan-American Bank and Monetary Exchange, 
seven members. 

10. Sanitary Regulations, seven members. 

11. Patents, Trade-marks, Weights and Meas- 
ures, three members. 

12. Practice of the Learned Professions and Lit- 
erary Relations, three members. 

13. Resources and Statistics, seven members. 

14. Interoceanic Canal, five members. 

15. Agriculture and Industries, five members. 

16. Rules and Credentials, three members. 

17. Future Pan-American Conferences, five mem- 
bers. 

18. General Welfare, seven members. 

19. Engrossing, three members. 

PERMANENT OFFICERS. 

The regulations disposed of, and the committees 
duly appointed, the Congress proceeded to the elec- 
tion of officers. 

Mr. Bello Codecido, Delegate for Chile, at the 
sixth meeting, presented a motion to the effect that 
" the Conference decides to elect His Excellency the 
Scretary of State and Foreign Affairs, Mr. Ignacio 
Mariscal, as its Honorarv President." This was sec- 



History of The Second Pan-American Congress 105 

onded by various delegations, and unanimously ap- 
proved. 

It was the desire of the majority that former 
Senator Henry G. Davis, chairman of the United 
States delegation, should be the permanent presid- 
ing officer, but he steadfastly declined, though ap- 
preciating the honor conferred. Mr. Davis was an 
active member of the First Pan-American Con- 
gress, and very highly esteemed by all. Two pow- 
erful reasons moved him to decline. One was his 
inability to speak the Spanish language, and the 
second was the expressed intention, already re- 
ferred to in a previous chapter, of the United States 
delegation to refrain from taking a leading part in 
the proceedings. Secretary Hay believed that not 
only should the Congress be held outside of the 
United States, as President McKinley suggested, 
but that the representatives of that country should 
do no act nor accept any honor which might in any 
way substantiate or corroborate direct or implied 
charges that the influence of the most powerful Pan- 
American nation had been brought to bear upon this 
deliberative body, for the benefit of its private in- 
terests. 

Notwithstanding the Delegates were desirous of 
placing on record their intention of honoring Mr. 
Davis, both as the representative of one of the in- 
viting nations, and on account of their esteem for 
him. Therefore, the Colombia delegation presented 
a proposition to the effect that Mr. Davis should 



106 History of The Second Pan-American Congress 

be elected by acclamation as the permanent Presi- 
dent of the Congress. General Reyes spoke in fa- 
vor of the motion of his delegation. Mr. Charles 
M. Pepper, speaking in Spanish, in the name 

of the United States delegation, thanked the 
Conference for the honor they desired to confer. 
He understood that in honoring a United States 
Delegate, they gave evidence of affection and sin- 
cere friendship, as well as generous confidence, to 
his country, and that he was sure that the people 
of the United States would understand it so and feel 
grateful, considering it as reciprocal for the cordial 
sentiments that the American Nation entertains 
for its neighbors of this Continent. He concluded 
by requesting that the Delegates should not insist 
upon the motion just presented. 

Mr. Davis, in thanking the Congress for the 
proffered honor, regretted that a consistent course 
would not permit him to accept. He stated that 
the United States was present at this gathering to 
" assist all of the republics of America in whatever 
may lead to good, especially to peace, harmony and 
good-will to all." * * * " Eighty millions 
of people," concluded Mr. Davis, " in the United 
States stand ready to assist, in any proper way they 
can to bring about the best results for the good 
of the American republics. We are, as you know, 
a happy, true, loyal, independent, and liberty-loving 
people, and we say to our friends on our South 
that we want no further territory; but we are firm, 



History of The Second Pan-American Congress 107 

as firm as the Medes and Persians were, in what 
is known as the Monroe Doctrine, which means 
that your territory is to be protected, your political 
rights, your commercial rights and your liberties 
forever guaranteed." 

This reference to the Monroe Doctrine created 
quite a sensation at the time, and was widely com- 
mented upon by the press in general. 

Mr. Carbo, of Ecuador, arose to say, that the 
remarks of the American Delegates did honor to 
their authors, to their country, and to the State 
Department that inspired them. He stated that as 
the Congress cannot confer an effective honor on 
the United States, the delegations of Ecuador and 
Santo Domingo, supported by those of Central 
America, proposed another Honorary President in 
the person of the Secretary of State of the United 
States, the Hon. John Hay. The speaker paid a 
glowing tribute to the efforts of Mr. Hay to bring 
about this Congress, " inspired by the best senti- 
ments of xA.merican fraternity.'' He expressed the 
belief that his motion would be unanimously ac- 
cepted, and with general satisfaction. 

Mr. Calvo of Costa Rica said that the motion 
of Mr. Carbo needed no seconding, though he de- 
sired that his country be placed on record as doing 
so. He stated that it was due to Mr. Hay in the 
first place that the representatives of all the coun- 
tries which form the Bureau of American Repub- 
lics, are assembled here to-day. 



108 History of The Second Pan-American Congress 

Mr. Corea, of Nicaragua, agreed heartily with 
both the former speakers, and moved that the 
proposition be voted upon by acclamation. 

The Chair put the question to the Congress, and 
in answer all the Delegates rose enthusiastically 
and applauded. The President announced that he 
would advise Mr. Hay of his nomination by tele- 
graph. 

Following the order of the day, Mr. Genaro Rai- 
gosa, Delegate for Mexico and President pro tern., 
was elected as the permanent presiding officer. All 
delegations voted for him, with the exception of 
his own, which cast a complimentary ballot for Mr. 
Davis. 

Mr. Raigosa, in most appropriate and modest 
terms, thanked the Congress for the honor con- 
ferred. 

Mr. Hygino Duarte Pereira, of Brazil, was then 
elected First Vice-President, and Mr. Baltazar Es- 
tupinian, of Salvador, Second Vice-President. 

Ten sessions were held from the inaugural one 
of October 22. As soon as the Congress had de- 
termined upon the permanent committees and the 
regular officers, numerous projects were presented 
by many of the delegations bearing upon the differ- 
ent subjects which had been selected for discussion. 
These were referred by the Chair to the commit- 
tees in charge. At the tenth session, on Novem- 
ber 8, it was agreed to adjourn for fifteen days in 
order to take part in the excursion which had been 



History of The Second Pan-American Congress 109 

arranged on a magnificent scale by the Mexican 
Government to the historic cities of Puebla and 
Orizaba. The consensus of opinion was in favor 
of this adjournment, though it would lengthen the 
existence of the Congress, because it gave an op- 
portunity for a mutual exchange of opinions on the 
projects offered to the committees. Many of the 
delegations desired to consult with their Govern- 
ments, and consequently welcomed the delay. 

The sessions were renewed on November 27, 
twenty-nine meetings being held from that time un- 
til the 31st of January, the closing one. The chap- 
ters that follow are devoted to a review of the sev- 
eral measures approved, as well as to a concise 
analysis of the debates incident to their adoption. 



110 History of The Second Pan-American Congress 
CHAPTER XI. 

ARBITRATION. 

Unlike the Peace Conference at The Hague, neither 
the First nor the Second Pan-American Congress 
discussed exclusively questions bearing upon meth- 
ods for the elimination of warfare or rules to govern 
the same among the civilized nations, when such a 
step was unavoidable. On the contrary, the pro- 
grammes issued by the inviting governments when 
these gatherings were convened mentioned the sub- 
ject of arbitration, which is considered naturally the 
only remedy for the prevention of war, in stipulated 
cases, as merely one of the incidental features of the 
same. These deliberative bodies were asked to gather 
for the discussion, in a friendly spirit, of the best 
practical and feasible methods of harmonizing mutual 
interests and of seeking mutually advantageous solu- 
tions to a number of problems. 

Quite naturally, the public mind, assisted, if not 
entirely guided by the press, should have dwelt upon 
the only feature that was at all sensational. It was, 
indeed, stirring to think that the young nations of 
America, breaking the fetters of tradition and setting 
an example to effete Europe, should, by mutual con- 
sent, agree to dispense with savage warfare and in 
one stroke of the pen accomplish that which has been 
a utopic dream for centuries. And the average reader 



History of The Second Pan-American Congress 111 

in this country immediately formed a mental picture 
of Uncle Sam leading the procession and urging his 
more quarrelsome neighbors to the south to join in 
the grand love feast. 

Notwithstanding the delight which these ideals in- 
spired in the hearts of all righteous people, we should 
have to eliminate and put aside all consideration of the 
.very primordial reason for our life as a nation and as 
individuals. In both cases present existence depends 
upon the extermination of a former existence, and we 
thrive, as a nation, because w r e destroyed other peoples 
and took possession of their lands ; and as individuals 
we profit by the extinction of others, whom we 
promptly destroy if our own existence be menaced. 
The spirit of self-protection governs the acts of man. 
When his interests are at stake, financially, his kin 
in danger or his honor questioned, he will fight just 
as the gorillas in the jungles do concerning the pro- 
prietorship of a bunch of bananas. 

To counteract this innate savagery which civiliza- 
tion has to a great extent obliterated and which now- 
adays is felt principally by the occurrence of legal- 
ized murder known as war, unavoidable at times for 
the defense of a just cause or the protection of na- 
tional life or honor, the thinkers and philosophers of 
the last few centuries have given a gradually increas- 
ing interest in determining upon some method or 
scheme that would lead to a permanent peace between 
States, and induce them to settle their quarrels in the 
same fashion that the individuals of these same na- 



112 History of The Second Pan-American Congress 

tions adjust theirs, namely, through the decision of a 
Court of Arbitration. 

Peace congresses have met and discussed the theme, 
conferences have been held and lectures delivered, 
and many pamphlets written on this subject, which 
has a fascinating interest for all fair-minded and 
humane beings. Several powerful rulers have, ani- 
mated by widely different motives, attempted to estab- 
lish an order of things that would be governed by the 
essential principle of arbitration — the peaceful ad- 
justment of an existing difference. Henry IV of 
France conceived the absurd scheme of a confedera- 
tion of all the Christian States of Europe. The 
dreams of a world-monarchy of Napoleon I. were not 
the result of a disinterested hope for universal peace, 
but for the aggrandizement of France at the expense 
of the rest of Europe. The Treaty of the Holy Alli- 
ance was ostensibly for peace, but proved to be an 
act of despotism ; and as a menace to the integrity of 
other nations led to the famous declarations of Presi- 
dent Monroe, which are known today as the Monroe 
doctrine. Alexander I of Russia, animated undoubt- 
edly by the sincerest of motives, suggested that the 
European nations effect a general disarmament. 
The proposed Conference never met. Likewise did 
Napoleon III fail in his attempt to settle interna- 
tional difficulties by the agency of congresses. 

In the American continents several attempts have 
been made to secure by mutual agreement a release 
from the devastating results of war, as well as a 



History of The Second Pan-American Congress 113 

unity of action and understanding against a common 
foe. In 1826 the Congress of Panama had for its 
main object Bolivar's suggested confederation of the 
recently organized republics of South and Central 
America for mutual protection and assistance against 
the tyranny of any powerful European nation. It 
was proposed that any difference between them 
would be adjusted in a peaceful manner. The reso- 
lutions passed on this memorable occasion were never 
ratified, nor were any steps taken for mutual protec- 
tion ; thus, if there was not sufficient inducement to 
lead them to take measures for the safeguard of their 
national life, it was not likely that the question of ar- 
bitration would be given earnest consideration. 

The principal object of the Congress of Lima, in 
1847 5 °f Santiago de Chile, in 1856 ; again in Lima, in 
1864, was similar to that of Panama, for mutual de- 
fense and peace by arbitration among the signatory 
nations. The declarations of these bodies never re- 
ceived any serious consideration by the respective ad- 
herents thereto. 

At the First Pan-American Congress, which met in 
the City of Washington in 1889-90, and at which 
were present all the nations of North, South and 
Central America, elaborate resolutions were passed 
on the subject of compulsory arbitration. A treaty 
was formulated which has never been ratified by any 
of the parties to it. 

In recent years the most advanced practical step 
toward a solution of the arbitration problem was 

8 



114 History of The Second Pan-American Congress 

made at the Peace Conference which met at The 
Hague in 1899, convened by Nicholas II, for the pur- 
pose of coming to an understanding, among the na- 
tions of the world, regarding the reduction of stand- 
ing armies and other measures intended to bring 
about apeaceful adjustment of international disputes. 
At this great meeting, where some of the most brill- 
iant statesmen and jurists of the world gathered, 
three important conventions were signed. The first 
was for the peaceful settlement of international con- 
flicts, the second indorsed the principles of the Con- 
vention of Geneva relating to Maritime Wars (Au- 
gust 22, 1864,), and the third referred to the laws 
and usages of wars on land. The first agreement 
deals with mediation and good offices and the arbi- 
tration of questions not affecting the independence, 
integrity or sovereignty of a nation. It is entirely 
facultative. This assembly pronounced itself against 
compulsory arbitration in its broadest sense, deem- 
ing it impracticable, because, said the Russian Gov- 
ernment in the explanatory note to Article VIII of 
their project of arbitration, " No government would 
agree to assume beforehand an obligation to sub- 
mit to the decision of an arbitral court all conflicts 
of an international nature, if they involved its na- 
tional honor, its vital interests or inalienable rights." 
The work of The Hague Conference consists of 
the most practical and feasible advance in the prem- 
ises, embodying the consent thereto of nearly all the 
civilized nations of the world. No question is raised 



History of The Second Pan-American Congress 115 

as to the great desideratum of compulsory arbitration, 
as a theory ; unfortunately, logical reasoning makes it 
apparent that diplomats in dealing with this perplex- 
ing subject must perforce take into consideration 
existing conditions and protect the interests of the 
nations they represent. 

If we believe that unrestricted compulsory arbi- 
tration is impracticable, we are confronted with the 
fact that voluntary or facultative arbitration and com- 
pulsory arbitration, with the saving clauses on ques- 
tions involving " the honor or dignity of the nations," 
are to all purposes one and the same thing. The ques- 
tion arises at once as to what are the differ- 
ences between nations that do not affect their honor 
and dignity? The difficulty immediately which pre- 
sents itself is that of knowing when those principles 
may be involved and invoked and arbitration there- 
fore declined by the interested party. No rule can 
be formulated to govern all cases, and issues of 
trivial importance to one nation might seriously affect 
not only the national honor but the very life of an- 
other. Each country is the only judge as to those 
issues. 

Mr. Fernando Cruz, Delegate for Guatemala to the 
First Pan-American Congress, arguing in favor of 
absolutely obligatory arbitration, without any saving 
clauses whatsoever, stated: "There is no subject, 
whatever it may be, of which it can be said that it 
does not affect honor and national dignity, and to 
leave the recourse to war open for such cases would 
be not to have progressed at all." 



116 History of The Second Pan-American Congress 

Calvo, the great Argentine authority on interna- 
tional law, says : " Arbitration may embrace all kinds 
of international disagreements or debates, excepting 
those in which the national honor or dignity are di- 
rectly at stake. They are born of a deep and we might 
say personal feeling in reference to which a third 
State could not constitute itself judge." 

Professor Bry says, in his recent work on interna- 
tional law : " It is necessary, however, not to illude 
ourselves in believing that arbitration will force itself 
on every occasion as a needful medium, always accept- 
able by nations. When honor is compromised or 
when a country's independence or the integrity of 
its territory threatened, there is but little hope of 
avoiding a conflict by placing the high interest of a 
State in the care of a friendly power. It is therefore 
not possible to think, in view of the present state of 
feelings, of imposing arbitration in an obligatory, 
general and permanent fashion. " 

How could a nation refractory to a supposed uni- 
versal agreement to compulsory arbitration be 
forced to comply with the conditions of the treaty? 
Would not the very resistance, justified or not, lead 
to that belligerent state which it is aimed to avoid? 
The question is clearly one which lies entirely with- 
in the decision of each State, which is the only one 
competent to signify its acceptance or refusal of the 
principles of arbitration to govern each and every 
specific instance. Some of the deepest thinkers of 
modern times believe that voluntary arbitration, with 



History of The Second Pan-American Congress 117 

provisions similar to those embodied in The Hague 
Treaty, meets the issue in a far more effective man- 
ner than any obligatory treaties, which are believed 
to be Utopian and impracticable. It can only be 
hoped to create a moral influence in favor of and a 
tendency to arbitrate all those difficulties at all sus- 
ceptible of a pacific solution; for nations, like indi- 
viduals, are influenced by public opinion and guided 
by precedents. 

As the Congress at Washington had agreed on a 
declaration in favor of compulsory arbitration, em- 
bodied in a treaty which was never ratified by any 
of the signers, it was presumed and hoped by a 
certain element that the Congress of Mexico would 
endorse the efforts of its predecessor. However, it 
soon became apparent that on this and other sub- 
jects, philosophic and purely theoretical recom- 
mendations, impossible of practical application, 
would not lead to any positive results, unless the 
necessity were understood to suggest and agree only 
to such measures as would be acceptable to the re- 
spective Governments in harmony with their policy, 
customs and traditions. 

Compulsory arbitration was to be raised as the 
battle-cry of a certain faction, intent upon giving 
the Congress a political instead of a deliberative and 
legislative character, to serve their own ends. Were 
the majority of the advocates of the same honest in 
their endeavors to secure for the nations of Amer- 
ica an idealistic condition of perpetual peace, and 



118 History of The Second Pan-American Congress 

did we not know that it was part of a premeditated 
plan to gain a political victory over a common ene- 
my, we might, while disagreeing with them, give it 
our hearty support. Unfortunately, it is only too 
evident and self-confessed that, by securing the con- 
sent of the majority of the delegations to a plan of 
compulsory arbitration, . to include " present ques- 
tions/' Peru and her allies cherished the delusion 
that they would then be able to find some method 
of bringing to the notice of the Congress her quar- 
rel with Chile over the manner of conducting the 
plebiscite concerning the proprietorship of the 
Provinces of Tacna and Arica. (See Chapter I.) 
The nations that were not direct parties to these tac- 
tics were either following the traditional policy of 
their country, or had a vital interest in signing 
treaties of obligatory arbitration with some more 
powerful neighbor. It is always to the advantage 
of the weaker to be able to arbitrate with the 
stronger. Other nations, led by the United States 
and Chile, were in favor of unanimous endorsement 
of The Hague Conventions, or the drafting of a 
treaty of similar purport, which might reasonably 
be expected to receive the endorsement of the re- 
spective countries. They never lost sight of the fact 
that their labors would be fruitful only if kept with- 
in the domain of practical politics. 

To summarize, the feeling was divided broadly 
into three groups. The advocates of compulsory 
arbitration as a political measure; the independent 



History of The Second Pan-American Congress 119 

ones, some of whom were anxious to sign binding 
arbitration treaties with their neighbors ; and, finally, 
those who by their instructions or convictions could 
not or would not exceed the boundaries of reality and 
fact. 

The Mexican hosts were very anxious for the 
prestige of the gathering that was being held in 
their beautiful Capital, that, in the matter of arbi- 
tration, something more advanced than the resolu- 
tions at The Hague should be agreed upon. Their 
policy on this question, as evinced at Washington 
in 1889, has always been a compromise between the 
extreme views. /' They submitted a project yat an 
j early session, and while embodying the essential 
feature of The Hague agreement, it contained a rad- 
ical difference in the attempt to specify the instances 
when a nation cannot consider " their independence 
or national honor " affected, which were duly, enum- 
erated. It was also provided that arbitration shall 
include all present questions, excepting those which 
any signatory nation may designate in a special sav- 
ing clause at the time of signing. Another feature 
was embodied in Article xviii, of Chapter II, which 
stated: 

" In the controversies which may occur between 
the nations of North, Central and South America, 
affecting their independence or national honor, ar- 
bitration will be voluntary for the nation which con- 
siders itself offended, and in all cases obligatory for 
the offending one." 



120 History of The Second Pan-American Congress 

The Committee on Arbitration, which was com- 
posed of nineteen members, one for each nation, ap- 
pointed a sub-committee to report on this project. 
It soon became apparent that the scheme would not 
have the un^mmj£ELQ3iaLoL^ who 

were not pleased with the saving-clauses referred to, 
believing that it did not give the treaty the ampli- 
tude they desired. This well-intentioned concilia- 
tory effort of the Mexicans did not meet with the 
support of the United State^asJb^d been confident- 
ly expected, and tliefurther objections of Chile 
caused its abandonment. 

It was then that, while discussing other themes, 
the fight over arbitration began. In keen diplomatic 
battle, by skilful thrust and parry with the weapons 
of argument and persuasion, the rival factions 
sought friends and partisans. The sub-committee 
met in a perfunctory manner, but the hard task of 
conciliating all these antagonistic view-points de- 
volved upon the Mexican Delegates, and, toward 
the end, the friendly influence of the United States 
was sought. A number of impossible suggestions 
were made, while others would appear to be accepta- 
ble until rendered useless by some unexpected ob- 
jection. The success of the Congress was in the 
balance; the precipitation of events or the slightest 
untoward move, bearing in mind the existing strain, 
might have brought about a clash. A heated de- 
bate at the time would unquestionably have been of 
such a character as to result in the withdrawal of 



History of The Second Pan-American Congress 131 

some of the delegations, and the consequent failure 
of the Congress. 

The first step out of which finally evolved the so- 
lution of the question was when it was suggested to 
the contending parties that it be mutually agreed 
that the Congress should signify its unanimous ad- 
hesion to the Conventions of The Hague, but with- 
out any debate; and that the supporters of a plan 
of compulsory arbitration should sign such an 
agreement among themselves outside of the Con- 
gress, transmitting it to the Chair with the request 
that it be referred to the Mexican Foreign Office and 
from there communicated to the respective govern- 
ments. 

All the delegations accepted this plan, and it 
seemed for a few hours as if the dark clouds had 
passed away, when the horizon was again obscured 
by the occurrence of an unfortunate misunderstand- 
ing. When the written draft of this compromise 
plan was presented by Mr. Buchanan, acting as me- 
diator, to the Chilean delegation, whose acceptance 
had been so far verbal, it was found to contain a 
clause stating that, according to Article XXV of the 
regulations, the outside agreement for compulsory 
arbitration was to be incorporated in the final min- 
utes. This led to a protest on the latter's part, on 
the grounds that they had not been advised of this 
provision. They reasoned that no act outside, of the 
Congress could be incorporated with the official 
ones of this body. Article XXV read : 



122 History of The Second Pan-American Congress 

"The day before the closing of the sessions of the 
Conference shall be devoted to discuss and approve 
the minutes, written and printed in Spanish, Eng- 
lish, Portuguese and French, wherein shall be con- 
tained the resolutions or recommendations that the 
Conference may have discussed and approved dur- 
ing the debates. The "original minutes shall be 
signed by all the delegations." 

Mexico and the United States seemed inclined to 
admit the justice of the Chilean objection, and were 
in earnest search of some other form of compro- 
mise. The partisans of compulsory arbitration, not- 
ably the Peruvians and their friends, insisted upon 
the compliance of the original understanding. It was 
then that the most critical epoch ocurred in the history 
of this international gathering, for the tension 
reached such a point that the delegations of Argen- 
tine, Bolivia, Peru, Paraguay, Venezuela and Santo 
Domingo did not present themselves at the twenty- 
eighth session, January ioth. They declared their in- 
tention of not participating any further in the meet- 
ings until some steps, satisfactory to them, were taken 
on the arbitration issue. This was practically an ulti- 
matum to Mexico and to the Congress in general. 

This action caused a flurry among the hosts, who 
after consulting the other delegations interested, pro- 
posed to the former the suppression by unanimous 
consent of Article XXV, by which there w r ould be 
then no compilation at the end of the session of all the 
acts of the Congress. It was intended that the min- 



History of The Second Pan-American Congress 123 

utes as issued from day to day should be the official 
records. This suggestion was accepted by the dele- 
gations that had withdrawn, who now feeling stronger 
in their position, added as a further condition that 
both projects of treaty should be signed outside of 
the Congress, if they could not be within, in order to 
give them equal standing. Under this arrangement 
the sub-committee on arbitration was to declare its 
inability to come to a satisfactory understanding 
and dissolve. 

In the earnest belief that this plan, unsatisfactory 
as it was, was the only way out of the difficulty, led 
the Mexican and the United States conciliators to 
suggest its acceptance to the others who concurred 
in their opinion, with the exception of Chile and 
Ecuador. The former declared her intention of re- 
taining complete liberty of action, basing her objec- 
tion upon the opinion that the adhesion to the Con- 
ventions of The Hague should constitute an official 
act of the assembly. The Delegate of Ecuador gave 
the same reason, adding that his powers did not au- 
thorize him to sign any treaty excepting in his offi- 
cial capacity as a Delegate. 

The result of all this was that at the following or 
twenty-ninth session the protestants again occupied 
their accustomed seats, having received the assurance 
that their terms would be accepted. At this session 
Article XXV of the regulations was suppressed. 

At the following, or thirtieth session, three com- 
munications were laid before President Raigosa by 



124 History of The Second Pan-American Congress 

the Secretary-General, Mr. Casasus. One informed 
the Chair of the adhesion of fifteen delegations to the 
Conventions of The Hague, signed by Guatemala, 
Mexico, Haiti, Peru, United States, Uruguay, Argen- 
tine, Costa Rica, Honduras, Nicaragua, Paraguay, 
Bolivia, Santo Domingo, Colombia and Salvador. The 
second was to the effect" that the delegations of Ar- 
gentine, Bolivia, Santo Domingo, Guatemala, Salva- 
dor, Mexico, Paraguay, Peru and Uruguay had fur- 
ther agreed upon a project for a treaty of compulsory 
arbitration. Both of these documents had, accord- 
ing to agreement, been signed outside of the Con- 
gress and were to be read as a matter of information 
and referred to the Mexican Foreign Office, which, as 
previously explained, had originally been the plan 
devised only for this last communication on compul- 
sory arbitration. The third was a project for the 
unanimous adhesion of the Congress to the Conven- 
tions of The Hague, presented by the Chilean dele- 
gation. The radical difference between this document 
and the others was that it was not a document of 
mere information, but a project which, according to 
all rules and precedents, must be referred by the 
Chair to the appropriate committee. In this fashion 
Chile desired to make patent her adherence and belief 
in the Conventions of The Hague, although her signa- 
ture did not appear on the protocol to that eSect 
signed outside the Congress, in view of the objections 
already stated. 

After the Secretary had read the first document, 
Mr. Blest Gana, chairman of the Chilean delegation, 



History of The Second Pan-American Congress 125 

requested the Chair " that, before giving the custom- 
ary ruling, the President should order the reading of 
a project on the same matter presented by the Chilean 
delegation, and which is in the hands of the Sec- 
retary, since said project coincides in ideas and de- 
sires with the treaty that has been read." This re- 
quest, however, was disturbing the compromise plan. 
Chile's denial to .agree to it and determination to 
maintain her liberty of action had forced the majority 
to decide to carry out the contemplated steps without 
her co-operation or that of Ecuador. The Chair 
therefore ruled that the communication just read 
should, according to paragraph 7 of Article I of the 
regulations, be referred to the Secretary-General. 
This portion of the rules, which refers to the duties 
of this same official, reads as follows : 

" 7th. To be the intermediary between the delega- 
tions, or the members thereof, in all that may refer to 
the matters relating to, or connected with, the Con- 
ference and meetings of the delegations and public 
authorities of the republic." 

Mr. Walker Martinez, of the Chilean delegation, 
protested against the ruling and invoked Article X of 
the same regulations, by which " The minutes, once 
approved, the Secretary shall inform the Conference 
of the new business presented after the preceding 
session, and the President shall then rule that the 
subject-matter of each be referred^ to the proper com- 
mittee." 

It is interesting to note the peculiar condition of 
affairs at this' time. Here an apparently trifling ques- 



126 History of The Second Pan-American Congress 

tion of a ruling caused a lengthy debate. * The objec- 
tions made to the Chair's decision, which in reality 
did violate all precedents, obstructed plans which had 
been formulated as a compromise on the delicate 
subject of arbitration, and which necessitated a devia- 
tion from the rules for their accomplishment. The 
stand taken by Chile served to emphasize the unani- 
mous decision to adhere to The Hague Conventions. 
The latter realized that if the two communications 
were read and disposed of in their order that their 
project would have no " raison d'etre," for it would 
be stated with all reason that the question of arbitra- 
tion had been disposed of, and, to use a colloquial 
expression, thev would have been T i left out in the 
cold.'' So that while apparently the discussion was 
on a point of order the debate brought forth the une- 
quivocal truth that all the nations present were in 
favor of adhering to the Conventions of The Hague, 
and the Chileans aimed to have this fact placed on 
record, as well as their attitude. on the question, so 
that the official minutes would show their position, 
should they be outvoted and denied recognition for 
their project. 

As a result, after three days' debate, within the 
Congress, and much wire-pulling out of it, Mr. 
Buchanan, Delegate of the United States, was author- 
ized to " respectfully request the Chair, in the name 
of the delegations who have signed the protocol, and 
with the consent of the delegation of Chile and that of 

*See Appendix. 



History of The Second Pan-American Congress 127 

Ecuador, to transmit with said protocol the minutes 
of the past two days referred to, in order that the 
protocol and the said minutes shall be communicated 
to the Minister of Foreign Affairs of Mexico in the 
form and manner expressed by said protocol, request- 
ing said Minister, in addition, that these documents 
be communicated to the respective governments repre- 
sented in this Conference as an expression of the gen- 
eral adherence to the Conventions of The Hague, and 
that these explanatory remarks shall be forwarded 
alike to said Ministry." 

Mr. Buchanan should be given due credit for the 
masterly manner in which he devised this solution of 
the difficulty. 

President Raigosa then ruled that " when sending 
the project ofjtbe ti^aty and the-p.etition signed by the 
fifteen delegations to the Department of Foreign Af- 
fairs of the Mexican Republic, the same should be 
accompanied by a certified copy of the minutes of the 
last sessions, as soon as they are approved, and of the 
present one in so far as they bear on the subject, for 
the purpose of proving the unanimous adherence to 
the Conventions of The Hague,* and that the same 
might be so communicated to the governments repre- 
sented in the Conference." 

A request on the part of the Chilean delegation was 
also granted to the effect that the preamble to their 
project for a treaty of adhesion to The Hague Con- 
ventions be added to the minutes of that day. 

*See Appendix for text of this treaty. 



128 History of The Second Pan-American Congress 

Immediately following this the Secretary read the 
communication already referred to from the nations 
signatory of a treaty of compulsory arbitration, which 
was passed .without debate to the Mexican Foreign 
Office.* 

A sigh of relief rose from all quarters. The storm 
had been weathered. 

Knowing that all the nations were in favor of 
voluntary arbitration, as signified by their adhe- 
sion to The Hague Conventions, it may be interest- 
ing to analyze the reasons that led nine of them to 
sign the project for a treaty of compulsory form. 

Taking the countries in their geographical posi- 
tion, from north to south, we note that Santo Do- 
mingo was willing to agree to the obligatory plan 
by reason of her unsettled boundary disputes with 
Haiti; Mexico, as her project showed, has evinced 
a policy on this question which does not reach 
either extreme view. Her signature was consid- 
ered a delicate concession to secure harmony. 
Guatemala was glad to sign such an agreement 
with her neighbor, Mexico; while the little Republic 
of Salvador was likewise delighted to join her 
stronger neighbor, Guatemala. Well-known rea- 
sons governed the actions of Peru, Bolivia and the 
Argentine, and with the latter most naturally grav- 
itated Paraguay and Uruguay. 

As to Venezuela, her delegation was withdrawn 
by cable just as the remaining representative was 



*See Appendix for text of this treaty. 



History of The Second Pan-American Congress 129 

about to sign both treaties, which was not in har- 
mony with his instructions. Though urged to ap- 
point a new Delegate, this country discreetly ab- 
stained from dabbling in the arbitration wrangle. 

The death of that notable jurist, Senor Jose Hy- 
gino Duarte Pereira, gave Brazil also an oppor- 
tunity of refraining from any further participation 
in the meeting, though the Congress, as a body, 
signified the pleasure that would be felt if the sec- 
retary of the Brazilian delegation, the able Consul- 
General of Brazil in New York, were to be ap- 
pointed. 

Speculation only can exist as to what the atti- 
tude of that country would have been, for though 
Mr. Duarte Pereira was in favor of compulsory 
arbitration for judicial questions only, namely those 
concerning pecuniary claims, it was doubtful as to 
what ultimate attitude he would have been obliged 
to take, in view of the friendly relations of his Gov- 
ernment to both Chile and the Argentine. 

Concerning the United States, we can justly be 
proud of the skill of our Delegate who was so deep- 
ly concerned in the final happy solution, through 
his personal ability and with the hearty support and 
confidence of his Government. It has long ago 
been realized that the principle of compulsory arbi- 
tration, which was idealistically and honestly cham- 
pioned by Blaine at the Congress of Washington 
in 1889-1890, was, though advocated in good faith 
by several nations, but in reality an excuse for po- 
litical machinations. Since that event the United 






130 History of The Second Pan-American Congress 

States Senate has given its opinion in the premises 
by the rejection of the Olney-Pauncefote project of 
arbitration. The most elementary principles of di- 
plomacy, and the peculiar position of this country 
towards the Latin-American republics, suggested 
the advisability of not doing anything that might 
magnify that feeling of uncertainty, so ably fomented 
by their clerical press, as to the foreign policy of the 
United States. In consequence, it was deemed expe- 
dient for our future political interests that, without 
arousing any unfounded apprehensions, some positive 
declaration be made of our attitude. The position of 
Chile furnished an opportunity that was not neglected. 
Had all or a great majority of the delegations favored 
compulsory arbitration, would not the isolated posi- 
tion of the United States have been embarrassing? 
But Chile, " the arrogant and pugnacious republic/' 
really dragged the chestnuts out of the fire for " the 
Colossus of the North/' 

It was unquestionably the aim of the United 
States that the adhesion to The Hague Treaties 
should receive greater emphasis and be given more 
importance than the treaty on compulsory arbitra- 
tion. This was obtained by the debate forced by 
Chile upon the Congress. 

It has been charged lately with much insistence 
that the United States has changed its attitude on 
the subject. The only declaration of importance 
in the premises was made at the Congress of Wash- 
ington, in a project for a treaty, which was never 
taken under consideration by the United States Senate 



History of The Second Pan-American Congress 131 

for the reason that it contained provisions and stipu- 
lations entirely beyond the domain of present day 
diplomacy. Evidently this same point of view was 
taken by the public men of the other signatory pow- 
ers, for might .we ask our reproachful friends if any 
of the latter have ever had it under consideration by 
the respective legislative or executive branches, and 
if so, has the ratification of the aforesaid project for.a 
treaty ever been sent to Washington for exchange, 
as provided for in Article XIX of the same? 

Why? Because compulsory arbitration for all ques- 
tions but those relating to pecuniary claims for dam- 
ages is not acceptable in practice, though theoretically 
most desirable. The majority of our sister republics, 
for all of which we cherish a sincere feeling of good 
will and a deep interest in their prosperity, cannot 
consistently advance these extreme theories until they 
can demonstrate the feasibility of arbitration in their 
households; nor preach on the desirability of uni- 
versal peace while their confidential agents abroad 
are purchasing implements of war for internecine 
strife. 

To summarize: Arbitration is possible: when it 
does not involve principles of vital interest for a na- 
tion and when not forced upon either of the contend- 
ing parties. No independent nation will blindly agree 
to subscribe to any plan of arbitration which does or 
may submit to the decision of others, in the course of 
events, perhaps the fundamental principles of her 
national life and those which cannot be adequately 
understood or defended by a third party. 



132 History of The Second Pan-American Congress 

« 
CHAPTER XII. 

ARBITRATION FOR PECUNIARY CLAIMS. 

There is scarcely one of the American republics 
which does not feel that it has been subjected at 
some time or another to a peculiar injustice by the 
superior force of some more powerful country mak- 
ing a demand upon it for indemnity for damages 
sustained by some one of its citizens or subjects re- 
siding within their territory. In some cases the de- 
mand has been made simply by the commander of 
a gunboat upon his own official investigation of an 
alleged outrage, and without instructions from his 
Government, and has forced the weaker country to 
concede to his demands by clearing his decks for 
action and threatening a defenseless port, and there 
are cases on record where a port so threatened has 
actually been bombarded. 

Three projects were presented to the considera- 
tion of the committee. One by the Mexican delega- 
tion, another by that of Guatemala, and a third by 
the Chileans. 

The first proposed, like that of Guatemala, an 
American Court of Claims. The Olney-Pauncefote 
project of treaty of January 12, 1897, between the 
United States and Great Britain was taken as a ba- 
sis, because it was considered that territorial ques- 
tions, or those which affect the interior or exterior 



History of The Second Pan-American Congress 133 

politics of a country, should not be submitted to ar- 
bitration. The Guatemala suggestions were of an 
elaborate and well-thought-out plan, the main feat- 
ure embodying the idea of a purely American 
Court. 

The Chile proposition was radically different from 
the above, and advocated chiefly the agreement of 
the signatory nations to arbitrate in case of denial 
of justice or abnormal delay. As their suggestions 
approach the conclusions of the accepted report per- 
haps more than the others, and as they embody new 
and vital principles in this domain, it is deemed ad- 
visable to reproduce them textually, as follows : 

" Article I. The contracting parties agree that 
their citizens have no right to claim indemnization 
for damages, losses or exactions sustained in the 
territory of another country or State, in case of in- 
surrection or civil war, except when the constituted 
authorities or their agents have failed to comply 
with their duties, or have not used the necessary 
vigilance or precautions. 

" Article II. In every case when a foreigner has 
claims or complaints of a civil, criminal, or adminis- 
trative order against a State, he shall comply by fil- 
ing his claim with the ordinary courts of such State. 
However, the Government of the State to which a 
claimant belongs, may solicit that such claims as 
may be designated by it, shall be brought before the 
Supreme Court of the country against which the 
claim is made. 



134 History of The Second Pan-American Congress 

" Article III. The contracting parties shall not offi- 
cially support any claim of those which must be 
brought before a court of the country against which 
the claim is made, excepting cases in which the 
court has shown a denial of justice, or abnormal de- 
lay, or evident violation of "the principles of Inter- 
national Law. It shall be understood that a denial 
of justice exists only in case the respective court re- 
fuses the claim based on the nationality of the claim- 
ant." 

These several plans were presented during the 
early days of the Congress, and immediately referred 
to a committee appointed to deal with the subject. 
The committee did not present its report till near 
the close of the Congress, and it was taken up for 
discussion at the thirty-seventh session. It stated 
very briefly that the object was the solution by 
means of arbitration of the questions which might 
arise by reason of the claims of private parties for 
pecuniary damages and injuries caused by a Gov- 
ernment, the reasons for which were obvious. They 
proposed the submission of such cases to the Tri- 
bunal of The Hague, in accordance with the tenden- 
cies of which the Conference had given such unan- 
imous evidence. 

The first article being put under discussion, Mr. 
Leger, of Haiti, said that he deplored that this arti- 
cle had been so radically modified from the original 
proposition which established the obligation to sub- 
mit to arbitration all claims which exceeded ten 



History of The Second Pan-American Congress 135 

thousand dollars in gold. The new text suppressed 
this perfectly determined and precise minimum, and 
established in its place, that the signatory nations 
should only be compelled to resort to arbitration 
whenever claims might be of sufficient importance 
to warrant the expense, which wording, he thought, 
was entirely elastic and vague, and opened the door 
widely to any of the contracting parties to evade 
compliance with the obligations stipulated by the 
project of the treaty. 

Mr. de la Barra explained the reasons upon which 
the modification was based. In the projects pre- 
sented no minimum whatever was stipulated. The 
committee afterward believed it advisable to fix one, 
in order to prevent the expenses of arbitration ex- 
ceeding the amount claimed. He mentioned a di- 
vergence of opinion in the committee regarding the 
amount, but they had finally prepared the article as 
it stood. He did not see that this left any door 
open as the Honorable Delegate from Haiti stated, 
for in case any discussion should arise with refer- 
ence to the expenses of arbitration, the demanding 
party could guarantee them, depriving the party in 
this manner of every pretext, should he desire to 
evoke the words of the article for the purpose of 
freeing himself from the obligation referred to. 

Mr. Elmore, Delegate for Peru, called attention 
to the last words of the article, which stipulated as 
a condition for submitting claims for pecuniary 
damages and injuries to arbitration, that the claim 



136 History of The Second Pan-American Congress 

ant must not have served or voluntarily aided the 
enemies of the Government against which he pre- 
sents a claim. He thought this amounted to a re- 
striction of arbitration, as it places a claimant, en- 
emy of the Government against which the claim is 
presented, in a better position, which certainly could 
not be the intention of the committee. Although 
Mr. de la Barra, in reply, stated that the provision 
was based upon the necessity of furnishing Govern- 
ments with arms for defense against disturbers of 
the peace, Mr. Henriquez. of the Dominican Re- 
public, observed that the explanation did not de- 
stroy the objection, and that it was evident from the 
wording of the article that it inferred that the 
claimant, being an enemy of the country, shuts the 
door, not to the claim, but only to arbitration. 

Mr. Bermejo, of the Argentine Republic, stated 
that the project under discussion amounted to real 
progress in the important matter of pecuniary 
claims, and constituted a guarantee and a defense 
in favor of weak nations against the unjust preten- 
sions of a strong one. and consequently he desired 
that the project be drawn up with the greatest ef- 
fectiveness. Carefully discussing the objections 
made, he said the stipulation that the claim should 
be of sufficient importance to warrant the expenses 
of arbitration struck him very forcibly, when neither 
in public law or in private law the justice of a claim 
had ever been subordinated to its amount, and i: 
was always in relation with the resources of the 
claimant. 



History of The Second Pan-American Congress 137 

Mr. Buchanan, for the United States, in an able 
address, referring to the objections made, said that, 
if the article were drawn in the form suggested by 
the Honorable Delegate from the Argentine, the 
result might be, if there were no limitation or sug- 
gestion as to what should constitute a claim of suf- 
ficient amount to justify its being submitted to ar- 
bitration, it might result that a claim for one thou- 
sand dollars, for example, presented by a citizen of 
one country ag'ainst another, would remain indefi- 
nitely unsettled, instead of being settled by the sim- 
ple offer of the defendant country to arbitrate the 
claim; because it is the universal practice that claim- 
ants must pay the expenses incident to the collec- 
tion of their claims. Hence settlement might thus 
be avoided, for the reason that the cost of arbitra- 
tion would be three or four times the cost of the 
claim itself. The question of the sum of a claim is 
one frequently of very little importance, as there 
might be a claim of only one thousand dollars, 
wherein questions are involved which would make 
the subject of so much merit, and of so much im- 
portance, that the two Governments interested 
might agree that a decision by arbitration should 
be arrived at on the claim discussed, because of a 
question of principle involved therein. With regard 
to the latter part of the article, wherein reference is 
made to citizens who have taken part in revolutions 
or disturbances in another country, it is a universal 
practice that when such is the case, the persons so 



138 History of The Second Pan-American Congress 

doing lose the right to consideration of their own 
Governments in any pecuniary demand which may 
be lodged by them. He finally said that there 
might be questions of fact to be settled, however; 
but as far as he could see, this portion of the article 
was entirely wise and in conformity with the desire 
all have to repress such actions of the citzens of their 
respective countries. 

At this point the session was adjourned until the 
afternoon, when Mr. de la Barra stated that, in con- 
formity with some of the observations made, the 
committee had modified the article by suppressing 
the words " in conformity with the Convention of 
The Hague for the pacific settlement of interna- 
tional conflicts," as well as the final part of the arti- 
cle relating to the claimants having served or aided 
the enemies of the Government against whom the 
demand is made, the wording remaining as follows : 

" Article I. The High Contracting Parties obli- 
gate themselves to submit to arbitration all the 
claims for loss and pecuniary damages which may 
be presented by their respective citizens, and which 
cannot be decided amicably through diplomatic 
channels, provided said claims be of sufficient im- 
portance to warrant the expense of arbitration." 

Mr. Leger, replying to the words of the Honor- 
able Delegate for the United States, still objected 
to the wording of the article, and concluded with 
the request that the final words " provided that said 
claim be of sufficient importance to warrant the ex- 
pense of arbitration " be stricken out. 



History of The Second Pan- American Congress 139 

Mr. Bermejo, considering that this wording could 
not be accepted, and, as there appeared to be a 
deadlock in the matter, he proposed that the article 
under discussion be divided into two parts, and that 
each be voted upon separately. 

This was done, and the first part of the article 
was unanimously adopted. The second part was 
then voted upon, and approved by the vote of ten 
delegations, four voting in the negative, namely, 
Argentine, Bolivia, the Dominican Republic and 
Haiti. 

The second article of the project was approved 
without discussion by an unanimous vote. Article 
IV was then taken up, as, in the opinion of the com- 
mittee, it should be third. 

Mr. Bello Codecido took the floor, and said that 
he had agreed to the suppression of the words "in 
accordance with The Hague Convention for the 
peaceful settlement of international conflicts," in the 
first article, because in other articles of the project 
the idea was clearly demonstrated, which was fun- 
damental to the Chilean delegation; that so far as 
pecuniary claims were concerned, his country would 
only be bound towards the powers which had ad- 
hered to the said convention. That there might be 
no doubt on the subject, he requested that a gen- 
eral declaration be made in Article III or that the 
name of Chile be added, following those of the Uni- 
ted States and Mexico. 

An animated discussion ensued, in which the 



140 History of The Second Pan-American Congress 

Honorable Delegates Messrs. Bermejo, Guachalla, 
Alvarez Calderon, Matte, Bello Codecido, Buch- 
anan and de la Barra took part, each one taking the 
floor repeatedly. While Messrs. de la Barra, Bello 
Codecido, Matte and Buchanan defended the text 
of the committee, demonstrating the importance of 
the unanimous adherence of the American nations 
to The Hague Convention, and the advantages of 
submitting to the judgment of so respectable a tri- 
bunal, the other Delegates opposed it. 

The committee suggested different drafts, some 
of which were opposed by the delegation of Ar- 
gentine, Bolivia and Peru, and the others by Chile. 
Finally, Mr. de la Barra presented the following, 
which was approved by a unanimity of votes: 

" Article III. The present treaty shall not be ob- 
ligatory except upon those States which have sub- 
scribed to the Convention for the Pacific Settlement 
of International Disputes, signed at The Hague, 
July 22, 1899, and upon those which ratify the pro- 
tocol unanimously adopted by the republics repre- 
sented in the Second International Conference of 
American States for the adherence to the Conven- 
tion signed at The Hague, July 29th, 1899." 

Article IV was then offered for discussion, and 
none taking place, it was unanimously approved. 

Article V being taken up, the Honorable Dele- 
gate from Haiti proposed, in view of its lack of 
clearness, an amendment which was accepted by 
the committee, the article reading as follows: 



History of The Second Pan-American Congress 141 

" This treaty shall be binding on the States rati- 
fying it from the date on which five signatory Gov- 
ernments have ratified the same, and shall be en- 
forced for five years. The ratification of this treaty 
by the signatory States shall be transmitted to the 
Government of the United States of Mexico, which 
shall notify the other Governments of the ratifica- 
tion it may receive." 

The amended article being adopted by unanimous 
vote, the report was referred to the Committee on 
Engrossing. 



142 History of The Second Pan-American Congress 



CHAPTER XIII. 

THE INTERNATIONAL UNION OF AMERICAN 
REPUBLICS. 

At the First Pan-American Congress, the Com- 
mittee on Customs and Regulations presented a 
project, which was adopted, for the establishment 
of an International Union of American Republics, 
an association organized for the prompt collec- 
tion and distribution of commercial information.^ 
Article II of the recommendations on this subject 
says : 

" The International Union shall be represented 
by a bureau to be established in the City of Wash- 
ington, D. C, under the supervision of the Secre- 
tary of State of the United States, and to be charged 
with the care of all transactions and publications 
and with all correspondence pertaining to the In- 
ternational Union." 

It was also stipulated that this bureau should be 
called " The Commercial Bureau of the American 
Republics," and its organ shall be a publication to 
be entitled " Bulletin of the Commercial Bureau of 
the American Republics." 

The scope and field of this publication was care- 
fully explained, and an estimate was made of the 
probable expenses of maintaining this bureau, which 
was not to exceed $36,000 a year. Each republic 



History of The Second Pan-American Congress 143 

was to pay its share in proportion to population, 
a schedule of the first year's proportionate payment 
of each country being embodied in the report of the 
above committee. The Government of the United 
States was asked, in order that no delay should oc- 
cur, to advance the expenses each year. 

This institution was known variously as the Bu- 
reau or Union of American Republics, on account 
of the confusion in the public mind relating to the 
double title. Those who are familiar with the sub- 
ject know that the bureau is, as stated above, the 
mouthpiece or medium of the Union; but how and 
where does the latter exist? It has been, indeed, a 
clumsy nomenclature, and no doubt the committee 
on the reorganization of this institution recognized 
this, for in their report they make no reference to 
"Union," but style it very properly " The Interna- 
tional Bureau of the American Republics/' 

It is the only practical legacy of the First Con- 
gress, and for many years led a rickety existence, 
mainly supported by the United States, and consid- 
ered as practically a branch of the State Depart- 
ment. It was brought to unusual public notice 
some years ago by the vigorous protests of the 
publishers of export papers because the Bulletin 
printed the advertisements of private concerns. A 
contract had been given to some very enterprising 
gentlemen, who solicited and secured many notices 
from keen advertisers. They realized the great 
value to them of this official publication, of which 



144 History of The Second Pan-American Congress 

thousands of copies were distributed every month 
free of charge throughout Latin-America. Such a 
storm was raised that it was decided to rescind this 
privilege. The contracts are not being renewed. 

In 1897 a reorganization took place. An execu- 
tive committee was established, other needed 
changes made, and the institution started practi- 
cally anew. It has done very valuable work. The 
Bulletin contains very interesting and varied infor- 
mation, and the reliability of the publication in- 
spires the exporter and general trader with confi- 
dence. A number of handbooks have been pre- 
pared, dealing with the different republics, many 
pamphlets and works of general information issued, 
and the General Directory of the Latin-American 
republics was a monumental task, as well as the 
volumes on Commercial Nomenclature. 

Secretary Hay and the various representatives of 
our neighbors to the south have taken a deep and 
lasting interest in the bureau. Of late it has been 
ably managed by the present Director, Mr. W. W, 
Rockhill, worthily assisted by the late secretary, 
Dr. Guzman, and Mr. W. C. Fox, chief clerk. 

The reorganization effected at this Congress was 
chiefly to give it a wider scope, and to make it what 
it should have been, namely, the custodian of the 
archives of the various Congresses, as well as truly 
international in its organization and operation. 
There appeared to be a disposition to ignore the 
bureau during the early sessions, and no seat had 



History of The Second Pan-American Congress 145 

been provided in the Congress Hall for the Director 
or his representative. An active propaganda was 
undertaken by those having at heart the welfare 
of this very valuable and practical organization, 
and friends sprang up on all sides. As a conse- 
quence, the Acting Director, Mr. Fox, was given a 
seat on the floor of the Congress, and more ample 
recognition shown to this organization. 

The report of the committee in charge of con- 
sidering the subject says, in part: 

' The Committee on the Reorganization of the 
Bureau of American Republics believe that the 
establishment of said 'bureau was one of the most 
important acts of the First Conference of the Am- 
erican Republics. They recognize that the bureau 
has been a useful factor in bringing the American 
republics into closer relations, and that credit is due 
to those who have been concerned in its manage- 
ment. Each of the republics has obtained, through 
its agency, knowledge of the resources and produc- 
tions and of the commercial needs of the others, 
resulting in the extension of commerce and in ben- 
efit to the countries interested in the bureau. It is 
the belief of the committee that the usefulness of 
the bureau may be increased by broadening the ba- 
sis of its organization, by enlarging its powers, and 
by imposing upon it additional duties. 

1 With this end in view, the project submitted to 
the Conference by the Honorable Delegate from 
Guatemala, as well as the suggestions of the Direc- 

10 



146 History of The Second Pan-American Congress 

tor of the bureau, Mr. W. W. Rockhill, have been 
carefully considered." 

At the thirty-fifth meeting, on January 24, 1902, 
the resolutions were read and debated. Some ob- 
jections of minor importance were made, the sug- 
gestions of the committee being unanimously ac- 
cepted, barring the withdrawal of Article XII of the 
original draft. The principal feature was the crea- 
tion of a governing board to consist of the diplo- 
matic representatives of all the Governments rep- 
resented in the 'bureau and accredited to the Uni- 
ted States. Heretofore the Executive Committee 
has consisted only of four members among the 
diplomatic representatives above mentioned, with 
the Secretary of State of the United States as chair- 
man, who is also to be the presiding officer under 
this new agreement. To amplify the scope and im- 
portance of the bureau it is authorized to corre- 
spond through the diplomatic representatives at 
Washington with the Executive Departments of the 
several American republics. It was agreed that the 
bureau should continue for ten years longer. Arti- 
cle IX states that the bureau " shall be charged es- 
pecially with the performance of all the duties im- 
posed upon it by the resolutions of the present In- 
ternational Conference." This refers to the exe- 
cution of various tasks entrusted to it in connection 
with the projected Customs Congress, that of In- 
ternational Sanitary Police, and the suggested 
meeting of coffee experts. It is provided for that 



History of The Second Pan-American Congress 147 

the bureau shall be the custodian of the archives 
of the International Conferences of American Re- 
publics. Article XIII provides for the establishment 
of a Latin-American Library, to be known as the 
" Biblioteca de Colon " (Columbus Memorial Li- 
brary.) 

This last stipulation was at the suggestion of Mr. 
Calvo, who stated that at the last Conference Mr. 
Martinez Silva, Delegate for Colombia, seconded 
by the representative of Venezuela, Mr. Bolet Pe- 
raza, had made a recommendation to that effect, 
which had been unanimously approved. No prac- 
tical steps, however, had been taken to put this idea 
into effect, and he, therefore, proposed the follow- 
ing resolution: 

" In order to commemorate the First and Second 
International American Conferences, of Washing- 
ton and Mexico, a Latin-American Library shall be 
established under the authority of the Governing 
Board of the International Union of the American 
Republics, and as a part of the bureau of the same, 
which library shall be designated by the name of 
' Columbus Library.' " 

On this occasion, Mr. Volney W. Foster, chair- 
man of the committee concerning the bureau, re- 
ferred to the great value this library would have, 
and that it might be considered as a lasting memo- 
rial to that great statesman, James G. Blaine, and 
to the lamented Matias Romero, as well as to the 
living who are so deeply interested in the success 



148 History of The Second Pan-American Congress 

of the bureau. He referred to Messrs. Mendoca, 
Leger, Martinez Silva, Guachalla, Corea, Carbo, 
Lazo Arriaga and Mr. Calvo " in particular, who in 
the devoted and affectionate labor he had given to 
this work, distinguished himself among his asso- 
ciates/' 

Mr. Calvo thanked the speaker, and stated that 
the great aim in establishing this library, which was 
to be practically an amplification of the existing one 
in the Bureau of the American Republics, was to 
create a valuable collection of Latin-American 
books of commercial and statistical information, and 
that the United States had not been included in 
this measure as unnecessary, there being in Wash- 
ington the magnificent libraries of the Congress and 
State Department. 

The resolution was unanimously passed, and re- 
ferred to the Engrossing Committee.* 

*The reorganization of the Bureau has recently taken 
place. The Governing Board consists of the Diplomatic 
Representatives of the Latin-American countries accred- 
ited to the United States. Mr. Rockhill continues in office 
as the Director; Mr. Nicolas Veloz Goiticoa was unani- 
mously appointed Secretary; Dr. Jose Ignacio Rodriguez 
named as Chief Translator and Librarian of the Columbus 
Memorial Library, and Mr. Fox resumes his place as Chief 
Clerk and is also created Editor of the "Monthly Bulle- 
tin." (For details, see the number of March, 1902, of the 
last-named publication.) 



1 



History of The Second Pan-American Congress 149 
CHAPTER XIV. 

PAN-AMERICAN RAILWAY. 

The Pan-American Railway Committee presented 
its report on the 29th of November at the twelfth 
session. The preamble relates chiefly to the work 
of the First Congress on this important measure, 
the recommendation of the then Secretary of State 
to President Harrison, also the latter's views on this 
project to the United States Congress, and the offi- 
cial letter of the Secretary of the Inter-Continental 
Railway Commission, in date of January 16, 1896, 
which summarizes data referring to the railroads 
that might be utilized for this international line, and 
the length requiring to be completed. A table was 
also attached, giving a summary of the report of the 
engineers of the Inter-Continental Railway Com- 
mission as to the number of miles of the proposed 
continental line already built between New York 
and Buenos Ayres, the location of the portions that 
will be needed to make a through line, and the esti- 
mated cost of same. The report further says, in 
part: 

" From this it will be seen that it was estimated 
by the engineers of the commission, at the time their 
report was made in 1895, that $175,000,000 will con- 
struct the railroad necessary to join existing lines 
and give through-rail communication. Since then 



150 History of The Second Pan-American Congress 

some additional railroad has been built, and could 
be utilized as a part of a continental system, and it 
is the opinion of this committee that now not more 
than 5000 miles of road would have to be con- 
structed to establish railway communication be- 
tween the systems of North America and South 
America. Basing the cost at $40,000 per mile, 
which we believe would be ample, $200,000,000 
would be required for this great work. The sur- 
veys made by the engineers of the commission dem- 
onstrate the practicability of constructing the needed 
lines, and there should be no great difficulty in 
financing such a project, when the results to be ob- 
tained are considered. Such railway systems in the 
United States as the Pennsylvania, New York Cen- 
tral, Atchison, Northern Pacific, Union Pacific, 
Southern Pacific, Southern, and others, operate 
more miles of road than are needed to make the 
Continental Railway a reality, and each of these sys- 
tems has bonds and stock outstanding aggregating 
more than the sum estimated as the cost for this 
enterprise. The Russian Government has just com- 
pleted a long railroad for the purpose of developing 
Siberia, at a cost considerably exceeding the esti- 
mated cost of the Inter-Continental Railway, and 
more difficult to construct." 

The recommendations of the committee were fully 
discussed at the fourteenth, fifteenth, twentieth and 
twenty-first sessions. At the first of these meetings 
the report as a whole was accepted, as well as the 



History of The Second Pan-American Congress 151 

first seven and the tenth article, changes being made 
during the debate on Articles VIII, IX and XI. 

Article VIII contained the most debated feature 
of this measure, inasmuch as it referred to the pro- 
posed neutrality of the railway, which was omitted, 
provision being made instead for the exemption 
from custom dues or taxes of any other kind for the 
traffic in transit through the different republics. 

Mr. Rosendo Pineda, of Mexico, moved that in 
reference to the tenth article that the other repub- 
lics should also be included in the invitation to sug- 
gest the appointment of a commission of persons 
of responsibility and ability, etc., etc. (see Article X 
as approved), and Mr. Fernando E. Guachalla made 
a motion in reference to Article XI, to the effect that 
the Latin-American Diplomatic Corps at Washing- 
ton should among themselves select the commission 
referred to. Both motions were withdrawn at the 
twenty-first meeting, and substitutes offered by the 
committee were accepted, also at the suggestion of 
Mr. Guachalla, as embodied in the accepted text, 
which follows. Articles X and XI were thus ampli- 
fied and strengthened. The approved text reads as 
follows : 

"First. That a railroad connecting all or a ma- 
jority of the nations represented in this Conference 
will contribute greatly to the development of cordial 
relations between said nations and the growth of 
their material interests. 

"Second. That the railroad, in so far as the com- 



152 History of The Second Pan-American Congress 

mon interests will permit, should connect the prin- 
cipal cities lying in the vicinity of its route. 

"Third. That if the general direction of the line 
cannot be altered without great inconvenience, for 
the purpose mentioned in the preceding article, 
branch lines should be surveyed to connect those cit- 
ies with the main line. 

" Fourth. That for the purpose of reducing the 
cost of the enterprise, existing railways should be 
utilized as far as is practicable and compatible with 
the route and conditions of the Continental Rail- 
road. 

" Fifth. That all materials necessary for the con- 
struction and operation of the railroad should be ex- 
empt from import duties, subject to such regula- 
tions as may be necessary to prevent the abuse oi 
this privilege. 

" Sixth. That all personal and real property of the 
railroad, employed in its construction and opera- 
tion, should be exempt from all taxation, either na- 
tional, provincial (State), or municipal. 

" Seventh. That the execution of a work of such 
magnitude deserves to be further encouraged by 
subsidies, grants of land, or guarantees of a mini- 
mum of interest. 

" Eighth. That the traffic in transit through the 
different republics shall not pay custom dues nor 
taxes of any other kind." 

We also recommend: 

" Ninth. That the Delegates to this Conference 



History of The Second Pan-American Congress 153 

and others favoring the railway urge their Govern- 
ments, as strongly as they consistently can, to grant 
liberal concessions to the enterprise, of whatever 
kind seems best to each country. 

"Tenth. That the United States of America be in- 
vited to initiate w T ith the Ministers of the other re- 
publics at Washington, the adoption of such meas- 
ures as may be deemed most fitting to result in send- 
ing within one year to said republics, competent 
and reliable persons whose duty it shall be to accu- 
rately determine the resources of the different coun- 
tries and the condition of railway lines in operation, 
the existing condition of commerce, and the pros- 
pects for business for an inter-continental line, in 
case said line can be constructed, and also to as- 
certain what concessions or assistance each of the 
respective Governments is willing to grant to the 
enterprise. 

" Eleventh. That the President of the Conference 
shall appoint a committee of five members, residing 
in the United States of America, said committee to 
commence its work after the adjournment of this 
Conference, and that said committee shall have the 
right to increase the number of its members or to 
replace, when necessary, any member; to appoint 
such sub-committees as may be deemed proper to 
report to the next Conference, on the result of its 
labors; to furnish all possible information as to the 
work of the Inter-Continental Railway, and to aid 
and stimulate the carrying into effect of said project 



154 History of The Second Pan- American Congress 

as much as possible; this, however, shall not prevent 
the members of the present committee from contin- 
uing their efforts to attain the desired end; and, 
finally, that the committee, in unison with the Sec- 
retary of State of the United States of Amer- 
ica, and with the Ministers of the interested 
countries, resident in Washington, may cause to be 
convoked, within the period of one year, an assem- 
bly composed of representatives of all the republics 
of this Continent with proper credentials, for the 
purpose of arranging for the construction of the 
proposed Continental Railway/' 

The permanent committee, with headquarters in 
Washington, to care for the interests of this proj- 
ect is composed of the following well-known pub- 
lic men: Former Senator Henry G. Davis, chair- 
man of the United States delegation to this Con- 
gress, and a Delegate to the first one (also chair- 
man of the Finance Committee of the Inter-Conti- 
nental Railway Commission); Andrew Carnegie, 
the philanthropist; Manuel de Azpiroz, the distin- 
guished and popular Ambassador of Mexico to the 
United States; Manuel Alvarez Calderon, the able 
Minister of Peru to the United States, and Antonio 
Lazo Arriaga. the efficient Guatemalan Minister to 
this country. 

To Mr. Davis is chiefly due the credit for the 
enthusiasm he aroused within the Congress, and 
for the steps taken toward a practical and business- 
like consideration of the subject. It has been too 



History of The Second Pan-American Congress 155 

long a vague and indefinite topic. Here lies the 
opportunity for some of our great captains of in- 
dustry to distinguish themselves by the building 
of the most splendid railway in the world, as it will 
be the longest, perhaps the most picturesque, and 
certainly destined to be the most profitable, pass- 
ing, as it does, through many countries rich in fer- 
tile lands, mines and precious woods. 



156 History of the Second Pan-American Congress 



CHAPTER XV. 

FOR THE CREATION OF AN INTERNATIONAL BANK. 

A report was presented by the Committee on In- 
ternational Banking and Monetary Exchanges, 
which, after being printed and distributed, was sub- 
sequently slightly modified and presented to the 
Conference. The preamble set forth that the com- 
mittee had carefully studied the situation of the 
countries of North, Central and South America, as 
far as their commercial transactions and financial re- 
lations were concerned, and, in its judgment, coin- 
cided with the expression of the First Congress, 
held at Washington, regarding the advantages to be 
gained by the establishment of a great credit insti- 
tution, which, by means of branches and agencies 
established in the principal commercial cities, would 
encourage the development of business, and im- 
prove the methods of international exchange. Re- 
ferring to the facilities and guarantees offered by 
the internal commercial legislation of almost all the 
nations of Central and South America, for the es- 
tablishment and maintenance of a credit institution 
of this nature, the daily increasing facilities of com- 
munication, and the increasing volume of trade 
which the nations carried on among themselves, 
rendering more imperative the need of a bank which 
should make its influence felt on the great commer- 



History of The Second Pan-American Congress 157 

cial centres of America, the committee hoped that 
their project would be favorably received by the 
Conference. 

The project, in the form of a resolution, consisted 
of a proposition to establish in New York, or other 
commercial centre, a bank of the character stated, 
and that it be assisted in every way compatible with 
their internal legislation, by the republics of Am- 
erica. 

The project put under discussion, Mr. Matte, of 
Chile, was the first to speak on the subject, ex- 
pressing his opinion of the importance of the estab- 
lishment of a bank in the foundation of which all 
nations of America should participate, and he be- 
lieved to further this end, and such a bank should 
be subsidized by all the nations interested, in order 
to encourage its growth. He believed that if the 
proposed institution were not subsidized by the na- 
tions of America, the resolution, even if approved 
by the Conference, would remain a dead letter. He 
based the necessity of such subsidy upon the right 
which all Governments have to take protective meas- 
ures in favor of those interests which they consider 
worthy of the same. He called attention to the 
degree of progress which industries had reached in 
Mexico and other Spanish-American countries, and 
thought that those industries needed nothing more 
urgently than the ability to have large funds at their 
ready disposal. He closed by offering on behalf of 
the Chilean delegation, that the proposed bank be 
subsidized to the amount of $100,000 gold annually. 



158 History of The Second Pan-American Congress 

The Chair ruled that the proposition be referred 
back to the committee in accordance with the rules 
and regulations, and discussion be suspended until 
they should make a report on the same. A letter 
from Mr. E. Goodwin, Director of the Commercial 
Museum of the Pacific, oj San Francisco, to Mr. 
John Barrett, on the expediency of establishing a 
branch of the bank in that city, was also referred to 
the committee, as also a letter from the United 
States Trust Company, of Philadelphia, stating that 
their bank had been established for the express pur- 
pose of doing business with the American republics. 

The committee at a subsequent meeting reported 
that, after careful examination of the Chilean propo- 
sition to amend, it found that such assistance as was 
proposed to any banking institution was not com- 
patible with the precepts of the internal legislation 
of the greater number of the republics, and if some 
of them might be able to grant it, they might do so 
under the text of the proposition already submitted 
by the committee; therefore, the committee could 
not give its support to the amendment. 

Mr. Matte, in sustaining the proposition, then 
stated that, in his opinion, issue could not be taken 
with the provisions of the different laws existing in 
each republic, because they could be changed in 
consequence of the resolutions of the Conference. 
Pie did not think the amount of the subsidy could 
be onerous, as it was only $800 gold per million in- 
habitants per annum, but it was sufficient to satisfy 



History of The Second Pan-American Congress 159 

the necessity for protection which all organizations 
need in the first period of their existence. He of- 
fered a modification of the text of the proposition to 
the effect that the bank be assisted by all the repub- 
lics in a manner compatible with their internal leg- 
islation, whether by means of annual subsidies, or 
by the exemption of taxes, or by any other way in 
which it might be considered proper for the pur- 
pose. 

Mr. Macedo, Delegate for Mexico, and chairman 
of the committee, stated some of the reasons for 
the committee being unable to accept the proposi- 
tion, such as the difficulties which would be encoun- 
tered if the United States Congress were asked for 
a concession, that the constitutional laws of almost 
all the American countries were opposed to the 
proposition, and that such subsidy would neces- 
sarily have to be in the form of a subscription of 
capital, or as a present to the shareholders. Mr. 
Matte did not think that there would be any diffi- 
culties encountered on the part of the United States 
Congress, because it was only a question of an in- 
stitution of an entirely private character, which 
would be in no need of a charter; and, as for the in- 
ternal legislation of the countries, especially that of 
Mexico, which Mr. Macedo had cited, he had failed 
to find in the fundamental laws of the country the 
prohibition to which Mr. Macedo referred. Re- 
garding the third difficulty, he did not think the 
Government assisting the bank would demand from 



160 History of The Second Pan-American Congress 

it shares in payment of that assistance, as they do 
not demand them from steamships or railways to 
which they have given similar assistance. 

Mr. Casasus, for Mexico, opposed the proposi- 
tion, taking up point by point the replies of Mr. 
Matte. He said that Mr.. Matte had made a most 
important declaration in expressing that it is not in- 
tended to establish a real institution of credit, but 
only a private banking house. Upon examining the 
arguments of Mr. Matte intended to demonstrate 
that the political Constitutions of the different na- 
tions are not an obstacle for an approving vote, he 
observed that the committee did not want to refer 
in this point to the subsidies, but rather to the ex- 
emption from taxes, exemptions which were repul- 
sive to all the constitutional laws of America. Re- 
ferring to the subsidizing of a bank, he said that 
it could give no other result than that of injuring 
the legitimate interests of all the banks which to- 
day exist in each one of our respective nations. In 
view of the two operations which a bank of the 
kind would be called upon to effect — that of grant- 
ing credits, and that of international exchange — he 
did not believe a subsidy justifiable, giving at length 
his reasons for so believing. He said that there was 
no practical benefit to be obtained in the Latin- 
American capitals with the New York markets 
through such a bank, because every one of them is 
already intimately connected with that market, and 
have banks already established which amply sat- 



i 



History of The Second Pan-American Congress 161 

isfy their requirements of exchange. The only ad- 
vantage to be obtained by the bank would be that 
of the relations between each one of the small agen- 
cies or branches; but this advantage would be of 
such small importance it would never justify the 
pecuniary assistance, or the exemption of taxes, pro- 
posed by Mr. Matte. 

Mr. Anadon, for Argentine, made some com- 
ments on the speech of Mr. Casasus, with whom he 
was in accord in a general way, there existing some 
differences only in regard to detail. He referred to 
the necessity of credits in the Latin-American coun- 
tries to stimulate industry, commerce, and agricult- 
ure, and all sources of public wealth, and on this 
point disagreed with Mr. Casasus, for there was the 
great necessity of institutions to give this credit, or 
make advancements of money on time. He said 
that at present the commerce of South America could 
not buy in the United States on time, and that was 
the reason why it supplies itself from there with only 
such articles as it cannot procure on time in Europe. 
As an example of this lack of direct relations, he cited 
the purchase of Argentine wools by North American 
buyers in European markets. After some observa- 
tions relative to the prodigious development of 
wealth in the United States, he concluded by insist- 
ing on the necessity of placing the powerful factor 
of credit at the disposal of the other nations of the 
Continent. 

Mr. Carbo, of Ecuador, stated his opposition to 
ii 



162 History of The Second Pan-American Congress 

the proposition, in that he was not an advocate of 
creating such institutions and making them grow 
by means of official protection. He did not believe 
that banks which needed assistance for their estab- 
lishment could inspire confidence and command 
credit. Neither did he believe that the subsidies pro- 
posed could be granted by the legislative power of 
the different countries which have to protect the na- 
tional interests already existing. He was heartily 
in favor of such a banking institution, but without 
the granting of a subsidy. 

Mr. Macedo, as a member of the committee, an- 
swered Mr. Matte, stating that he sustained Mr. 
Casasus in his argument that the constitutional laws 
of nearly all the nations prohibit monopolies, even 
under the mask of protection, and the pecuniary aid 
which was proposed would be equivalent to estab- 
lishing a veritable monopoly in favor of the subsi- 
dized institution, to the injury of other establish- 
ments of the same kind which were not subsidized. 

Mr. Walker Martinez, for Chile, then called at- 
tention to the fact that both Mr. Casasus and Mr. 
Macedo, in order to attack Mr. Matte's proposition, 
were making use of reasons diametrically opposed 
to each other; while the former refused the protec- 
tion asked for on the ground that Mr. Matte desired 
it to be an official institution, the latter refused it, on 
the ground of its being an enterprise of a purely 
private character. He said that Mr. Macedo had 
admitted that there really exists no constitutional 



History of The Second Pan-American Congress 163 

prohibition for the subsidizing of such a bank as 
was proposed, while Mr. Casasus, on the other 
hand, assured them that such prohibition exists, at 
least in so far as it refers to exemption from taxes. 
He then read from the Mexican Law on Institutions 
of Credit, which establishes for these exemption 
from all class of Federal taxation, as well of the 
States and municipalities, besides, except in the 
case of a contract to the contrary, the fees of ex- 
perts, notaries and other persons w r hose services are 
subjected to a tariff fixed by local legislation, when 
they are employed in the operations carried on by 
the institution of credit, shall be reduced to two- 
thirds of the rate fixed by the tariff. This showed 
that the laws of Mexico were so careful in protect- 
ing the banking industry that they did not limit 
themselves to exempt it from public taxes, but also 
put a burden on private labor in the shape of a real 
tax in favor of that industry. It being out of the 
question to make reference to the legislation of all 
the countries, he believed it sufficient to cite that 
of Mexico to prove that the arguments used against 
the proposition to subsidize a bank were really with- 
out importance. He considered the position taken 
by Mr. Anadon a strange one, as on the one hand 
he pretended to defend the report, and on the other 
was in entire accord with the opinions of Mr. Casa- 
sus, which radically attacks the report. He closed 
by stating that since he found with regret that in 
the Congress there did not exist an agreement of 



164 History of The Second Pan-American Congress 

ideas indispensable to carry out the establishment 
of a Pan-American bank, he withdrew the proposi- 
tion of Mr. Matte, and announced that the Chilean 
delegation would be compelled to cast its vote 
against the report of the committee, because they 
did not want to contribute to the declaration of a 
platonic idea, which, from its initiation, has lost all 
prestige by the attacks to which it had been sub- 
jected in the discussion. 

The Chair said that, in view of Mr. Walker Mar- 
tinez's declaration, the proposed Chilean amendment 
was withdrawn, whereupon Mr. Casasus made some 
remarks explaining his previous statement, and de- 
nying that he had asserted that which Mr. Walker 
Martinez attributed to him; that he had stated that 
the Constitutions of all civilized countries were 
against the granting of exemption from taxes, not 
to an industry in general, but to a specific person 
carrying on such undertaking. 

Further explanations were made by Mr. Matte, 
for Chile, and Mr. Casasus, for Mexico, between 
whom a mild bit of satire was exchanged. As the 
report of the committee appeared to be about to be 
accepted, Mr. Barrett, for the United States, offered 
as an amendment that the words "San Francisco'*' 
be added after the words "New York," thus provid- 
ing for the establishment of the proposed bank at 
that port; at the same time, he thought it proper to 
mention the City of Buenos Ayres. 

The committee, accepting the amendment, the 



History of The Second Pan-American Congress 165 

general proposition was approved by vote of the 
Conference, Chile alone abstaining from voting. 
The discussion in detail commenced; the proposed 
resolution was read, as amended, as follows: 

'That there be established in New York, San 
Francisco, Buenos Ayres, or other important mer- 
cantile centre, a bank of the character referred to, 
and that it be assisted in every manner compatible 
with their internal legislations by the American re- 
publics." 

Mr. Calvo, for Costa Rica, proposed for reasons 
similar to those given by Mr. Barrett, and taking 
into account the mercantile relations of the Central 
American republics with the port of New Orleans, 
that the name of the latter city be added to the text 
of the proposition under discussion. 

Mr. Carbo, for Ecuador, requested for similar 
reasons that there be included in the text the names 
of Guayaquil and Lima. Mr. Macedo called atten- 
tion to the wording of the proposition which in- 
cluded any other important commercial centre, and 
that it was not possible to mention all the principal 
cities of America. 

Mr. Calvo, speaking for the addition of the cities 
named, and Mr. Davis against, the amendment pro- 
posed by Mr. Calvo being put to vote, was ap- 
proved, and that of Mr. Carbo was rejected. The 
proposition was then adopted by seventeen votes of 
the Conference, Chile, in accord with its previous 
announcement, abstaining from voting. 









166 History of The Second Pan-American Congress 

At the following meeting, Mr. Foster regretting 
that he had been absent at the previous meeting, 
requested that Chicago be added with the other cit- 
ies named in the resolution. The request was con- 
ceded by the Conference] whereupon Mr. Walker 
Martinez called attention to the fact that the pro- 
ceedings were entirely out of order, and, although it 
was not his intention to oppose Mr. Foster's re- 
quest, he hoped that it would not establish a prece- 
dent for future action of the kind. 



History of The Second Pan-American Congress 167 
CHAPTER XVI. 

EXTRADITION AND PROTECTION AGAINST ANARCHY. 

The committee report on this subject referred to 
the fact that several treaties had already been en- 
tered into between a number of the American repub- 
lics in order to enforce their laws in an effective 
manner against offenders seeking refuge outside of 
their own territory, and stated that a general treaty 
by all the republics, establishing common rules and 
principles, as had already been suggested at the Con- 
gress of Montevideo, would prove more advan- 
tageous. 

The committee proposed the execution of a treaty, 
beginning by establishing the obligation of delivering 
the criminals whose extradition should be asked for. 
The project established its application against all ac- 
cused or guilty of common offenses, but provided 
that none of the contracting parties be obliged to de- 
liver their own citizens; it provided that the nation 
upon which the demand might be made should have 
the right to try and punish the offender for acts com- 
mitted within its own territory, and in case the of- 
fender be claimed by two or more nations the pref- 
erence should be given in favor of that wherein 
the most serious offense has been committed; and, 
furthermore, it established the general principle of all 
treaties in existence that the offender demanded 



168 History of The Second Pan-American Congress 

cannot be tried for some other offense than the one 
for which he had been extradited. 

In regard to anarchy, the committee stated the dif- 
ficulty of applying the principle of extradition, be- 
cause the individual liberty of man in his ideas and 
beliefs must be considered, on the one hand, and on 
the other, the crimes committed by them, such as 
the assassination of President McKinley, which come 
under the class of common offenses. However, they 
thought that there was a cause for which anarchists 
became amenable to punishment, and that is the prop- 
agation of anarchy. It was, therefore, advised that 
the contracting powers establish in their legislation 
a punishment for the propagation of anarchy, and 
that the extradition of anarchists be granted, even 
though their punishment be less than two years, the 
average penalty in the project for which extradition 
could be granted being fixed above two years. 

Upon the statement that extradition forms part of 
the peaceful means of international relations, the 
project demanded that all controversies which might 
arise regarding the interpretation or execution of 
the treaty be submitted to arbitration. It established 
the appointment of an arbitrator for each party, and 
of an umpire by the arbitrators appointed in order 
to determine at once the formation of the court of 
arbitration, and finally the term of five years was 
fixed for the convention to remain in force, although 
any of the signatory parties could extend the time 
by mere tacit consent. 



History of The Second Pan-American Congress 169 

The project was signed by Delegates Francisco A. 
Reyes, Joaquin Walker Martinez, Alfredo Chavero 
and Juan Cuestas. It came up for discussion at the 
twenty-fourth session, and began by Mr. Galavis, for 
Venezuela, requesting the committee who had made 
the report to answer the following questions : When 
the constitution of a country upon w T hich a demand 
is made establishes a precept guaranteeing life, and 
when in the demanding country there exists the 
death penalty applicable to the offense for which 
extradition is demanded, shall the former be obliged, 
according to the proposed treaty, to deliver the ac- 
cused without exacting any condition regarding the 
punishment that will be imposed upon him? If the 
country upon which the claim is made refuses to sur- 
render its citizens, what responsibility does it incur ? 
Is the offense to remain unpunished ? What will hap- 
pen when the citizen shall have been naturalized, 
after the commission of the crime, in the country of 
which extradition is asked? In the case of voluntary 
extradition, can the country which has asked extra- 
dition under this treaty try the party whose extra- 
dition it has obtained for a crime different from that 
which the request for extradition was made? When 
the crime or the punishment are barred by limitation, 
according to the law T s of the country in which the 
criminal has taken refuge, what rights has the latter 
under the treaty? If, in the country where the ac- 
cused has taken refuge, there should be any constitu- 
tional provisions, which abolish capital punishment, 



170 History of The Second Pan-American Congress 

what right has such country, when that which seeks 
extradition should punish the crime for which the 
accused is tried with the death penalty? Can the 
country which asks extradition grant re-extradition 
without previously complying with any requisite re- 
garding the country upon which the claim was made ? 

This brought forth a reply in a quiet, dignified 
manner from Mr. Chavero, member of the committee, 
in which he referred to the difficulties encountered 
in perfecting an extradition treaty among nineteen 
republics, and expressed the regret with which the 
committee saw T one of its members opposing the re- 
port; the committee had insisted upon calling the 
Honorable Delegate for Venezuela to participate in 
its deliberations, that he might enlighten them with 
his observations and advice, but he had persisted in 
remaining away. He concluded with the statement 
that the questions put by him were out of order, and 
that the committee would take pleasure in replying 
to them when the project was discussed in detail. 

Mr. Galavis replied that he had not attended the 
meetings of the committee on account of illness, and 
he did not understand why the committee in drafting 
their project had not taken into consideration the 
constitutions and laws of the countries which it was 
expected the treaty would affect. In the Republic of 
Venezuela, for instance, the Constitution prohibits 
the death penalty, and if Colombia, which permits it, 
should ask from Venezuela the extradition of an ac- 
cused party, the former would be in its absolute right 



History of The Second Pan-American Congress 171 

to exact from the demanding nation the guarantee 
that the culprit be not punished by death. 

Mr. Walker Martinez stated that when he, in rep- 
resentation of Chile, entered into an extradition 
treaty with Brazil, whose Constitution also prohibits 
the death penalty, he encountered serious difficulties 
on the part of the Brazilian diplomat, who was finally 
convinced that the laws applicable in a case of extra- 
dition are those of the country where the offense was 
committed and not of those where the accused seeks 
asylum. 

The report was then put to vote as a whole and 
approved by seventeen votes, the Venezuela delega- 
tion abstaining from voting. It was then taken up 
in detail, and Mr. Elmore offering a slight changing 
of the wording of the first article, it was accepted 
by the committee. Another slight change was of- 
fered by Mr. Leger, which was also accepted. 

Mr. Buchanan stated that as the position of the 
United States Government in matters of extradition 
is to designate in its treaties the crimes for which 
extradition is to be granted, his delegation found 
itself under the necessity of abstaining from voting 
on the second paragraph of the article under discus- 
sion, as this merely stated for offenses punishable 
with a greater penalty than an imprisonment of two 
years. Remarks were made by Mr. Chavero tend- 
ing to reconcile Mr. Buchanan's objection with the 
project, but the article, being put to vote, was adopt- 
ed, the United States and Venezuela abstaining from 
voting. 



172 History of The Second Pan-American Congress 

Article II put under discussion: Mr. Leger re- 
quested the committee to explain what it understood 
by acts of anarchism. Mr. Chavero replied that it 
was very difficult to give the definition, and that he 
knew of no legislation that had done so; in his opin- 
ion, the very article under discussion established 
perfectly what ought to be understood by acts of 
anarchism, which are those that are directed against 
the basis of the social organization. 

The Delegate for Haiti did not believe the expla- 
nation satisfactory, and he insisted that it be defined 
with greater accuracy and precision: whereupon Mr. 
Walker Martinez said it was not the object to define 
those acts in order to punish them, but simply to pre- 
vent those who commit crimes, alleging in their de- 
fense political reasons, in order to escape the penalty 
of the penal laws. 

Mr. Leger then proposed as an amendment to the 
wording of the article that*, "Acts of anarchism di- 
rected against the lives of chiefs of state, or from 
which the death of one or more persons shall result. 
shall not be considered as political offenses." This 
amendment was put to vote, and rejected by eigh- 
teen votes, Haiti being the only sustaining vote. 

Mr. Carbo having proposed an amendment, Mr. 
Guachalla stated that, as all were agreed in the es- 
sential part of the point under discussion, he re- 
quested that the session be adjourned in order thai 
the committee might prepare in a more adequate 
manner the article, bv taking into account the re- 
marks which had been made. 



History of The Second Pan-American Congress 173 

Mr. Volney W. Foster took the occasion to make 
a speech, in which he referred to the tragic death 
of President McKinley, and hoped the Conference, 
with calm, careful and sober judgment, would select 
the language to definitely describe the purpose of 
the act, and not, by the adoption of penalties for 
undefined crime, place in the hands of authority 
the right to suppress free speech consistent with 
the philosophy of organized government. 

The discussion of the project was continued at the 
next session by Mr. Macedo, referring to the di- 
versity of ideas which had been submitted, all for 
the purpose of defining with accuracy what should 
be understood by " acts of anarchism." In view of 
the great difficulties which were experienced in com- 
ing to an understanding on this point, Mr. Carbo 
had gone to the length of asking for the suppres- 
sion of a part of the article under discussion. The 
speaker stated that he believed it dangerous to re- 
strict the sense which should be understood by po- 
litical crimes, because in all disturbances of public 
peace, political crimes are always ultimately con- 
nected with crimes of the common order. In real- 
ity, those who rise against a constituted authority 
commit assaults, murders, robberies, and other of- 
fenses, and, owing to the very difficulty of establish- 
ing with precision whether the political character 
dominates, or the criminal, he thought it preferable 
to leave the distinction to the legislation of each 
country. He, therefore, proposed that the wording 



174 History of The Second Pan-American Congress 

of the last part of the article be, that " acts which 
are classed as anarchical shall not be considered as 
political crimes/' 

The amendment was accepted by Mr. Carbo and 
by Mr. Walker Martinez in the name of the com- 
mittee, who added that the committee did not con- 
sider it necessary to specially provide that an at- 
tempt against the chief of a nation, or other func- 
tionaries, be considered as political offenses, because 
such attempts could only be classified in two ways — 
either as a common offense, or an act of anarchism. 
He, therefore, wished a record made of this expla- 
nation. 

The article was then read as modified, "Extradi- 
tion shall not be granted for political offenses, or for 
deeds connected therewith. There shall not be con- 
sidered as political offenses acts which may be clas- 
sified as pertaining to anarchism by the legislation of 
both the demanding and the country from which 
the demand is made," and it was thus approved 
unanimously by eighteen votes. 

Mr. Galavis, for Venezuela, offered a substitution 
for Article III, which provided that an accused whose 
extradition is demanded, and who deserves capital 
punishment in the demanding country, or who has 
already been sentenced therefor, that the Govern- 
ment upon which the demand is made, may impose 
as a condition granting the extradition the inviola- 
bility of life. He stated that the acceptance of this 
article would determine his acceptance of the first 
article of the project. 



History of The Second Pan-American Congress 175 

This brought forth considerable discussion, both 
pro and con, regarding capital punishment, and 
finally Mr. Walker Martinez, after suggesting the 
propriety of not entering into philosophical discus- 
sions of the death penalty, expressed his surprise at 
representatives of the countries who imposed it, 
coming to the Conference to discredit and criticise 
it. Entering into the real object of the debate, he 
stated that the rule in the matter of extradition 
ought to be the most absolute respect for the coun- 
try upon which demand is made, inasmuch as the 
object of treaties of this class is to mutually confer 
upon each other the benefits of their respective laws 
by means of reciprocity. There was no reason what- 
ever for admitting the exception proposed by the 
Honorable Delegate from Venezuela. It was one of 
two things — either an equal right to all, or the same 
right to all, and in case the penalty to be applied to 
the accused is that of the country upon which the 
demand is made, and not of the country making 
the demand, it is anti-juridic and absurd. If the doc- 
trines of the opponents to the report were to be ac- 
cepted, it would be impossible to conclude treaties 
of extradition. He concluded by stating that if 
Venezuela could not sign the project on account of 
not having abolished the death penalty, then the 
other nations could not sign it either; therefore, he 
believed that, having to choose between two ex- 
tremes, it not being possible to procure the signa- 
tures of all the American countries, it would be 



176 History of The Second Pan-American Congress 

preferable to secure at least the signatures of the 
majority. 

Mr. Lopez Portillo, for Mexico, stated that, in his 
opinion, the committee was right in sustaining the 
territorial character of the penal law as a funda- 
mental principle, but, being in great sympathy with 
any movement in favor of human life, he submitted 
for the consideration of the Conference Article YIII 
of the Treaty of Extradition between Italy, which 
had abolished the death penalty, and Mexico, which 
preserves it, the text of which was to the effect 
that when the individual whose penalty is death, or 
is sentenced on account of it, the Government on 
whom the demand is made may ask, upon granting 
the extradition, that the penalty may be substituted 
for the next inferior one by means of commutation, 
which may be granted by the laws of the country 
which makes the demand. 

Mr. Alzamora answered the remarks of Mr. Wal- 
ker Martinez, concluding by stating that he could 
not accept the proposition of the Honorable Dele- 
gate for Mexico, because it did not fulfill the object 
sought, since the pardon to which it refers is volun- 
tary, and not compulsory, on the part of the nation 
that makes the demand. For the same reason, the 
Honorable Delegate for Venezuela stated that he 
could not accept it. 

The Honorable Delegate for Haiti made some re- 
marks upon the legal aspects of the question, after 
which Mr. Lopez Portillo stated that, in his opin- 



History of The Second Pan-American Congress 177 

ion, there did not exist any principle in the Consti- 
tution of Venezuela which might be considered vio- 
lated by the treaty of extradition, because, as far as 
he understood, the Constitution, or its provisions, 
only referred to the abolition of the death penalty, 
and the provisions framed in the treaty had no con- 
nection at all with the subject under discussion, as 
Venezuela was not obliged to apply the death pen- 
alty in its own territory. 

Mr. Guachalla sustained the proposition of the 
Honorable Delegate for Venezuela, and, there be- 
ing no further discussion on the subject, the article 
proposed by the Delegate was again read, and put 
to vote. It was carried by eleven votes against six, 
Colombia, Chile, Santo Domingo, Salvador, Guat- 
emala and Mexico voting in the negative. 

An amendment proposed by the Honorable Del- 
egate for Mexico, Mr. Lopez Portillo, to the third 
article, which would become the fourth, was put 
under discussion. The amendment was to the ef- 
fect that the delivery of its citizens shall be at the 
discretion of the nation on which the demand is 
made. Remarks followed by the Honorable Dele- 
gates Messrs. Lopez Portillo, Chavero and Gua- 
challa. Mr. Walker Martinez then stated that he 
believed it his duty to say that he would have to 
abstain from voting in the future on the articles of 
the project, as his country could not sign the treaty 
as long as the article previously sanctioned by the 
Conference was allowed to stand. 

12 



178 History of The Second Pan-American Congress 

The Honorable Delegate from Salvador agreed 
with Chile, stating that he would also abstain from 
voting on the project. Mr. Chavero, a member of 
the committee stated that, as two members of the 
committee had decided to take no further part in 
the debate, and one of the others was against it, he 
believed that the committee no longer existed, and, 
therefore, requested the Chair to decide whatever it 
deemed advisable. Thereupon Mr. Volney W. 
Foster requested the privilege of changing the vote 
of his delegation to the negative, and Mr. Cuestas 
explaining that he had entered the hall just as the 
vote was being taken, requested also to be allowed 
to vote in the negative. 

Upon a new count of votes being made, it was 
declared that the article was adopted by ten votes 
against eight. The Chair then announced its de- 
cision in conformity with Mr. Chavero's request, 
and suspended the discussion, allowing the commit- 
tee to withdraw its report, to agree on some other 
course. 

Upon the minutes of this meeting being read at 
the following session, the Honorable Delegate for 
Haiti rectified his vote, stating that he wished to 
cast it in the negative, as he had misunderstood the 
significance of the article proposed by the Honora- 
ble Delegate from Venezuela. As by this rectifica- 
tion the article did not receive the majority of ten 
votes as required by the regulations, it was decided 
by vote of the Conference to reconsider the article. 



History of The Second Pan-American Congress 179 

After being discussed and submitted to vote, the 
result was nine in the affirmative and nine in the 
negative, whereupon the Chair decided that the 
discussion would* be continued at the next session. 

At the next session, Mr. Walker Martinez said 
that further efforts on the part of the committee 
to prepare a treaty acceptable to the views of all 
the republics not being possible, the committee had 
prepared the following provisionary article: 

' The representatives of Costa Rica, Ecuador, 
Honduras, Nicaragua and Venezuela sign this 
treaty with the reservation that the respective gov- 
ernments will not surrender delinquents who are 
subject to the death penalty according to the legis- 
lation of the countries who may ask for their ex- 
tradition, except under the promise, that such pen- 
alty shall be commuted to the next inferior one. If 
the governments keep such reservation, when rati- 
fying the present treaty, the same will be enforced 
only as between those countries that accept said 
condition referred to." 

In view of this article being accepted, it was pro- 
posed by the Venezuelan delegation to withdraw 
their Article III, which had been voted upon, where- 
upon Mr. Guachalla objected, as the article having 
been accepted by the Conference, could not be 
withdrawn without the consent of the Conference. 
Mr. Guachalla being sustained in his objection, the 
Conference was consulted, and Mr. Galavis allowed 
to withdraw Article III by a vote of eleven against 



180 History of The Second Pan-American Congress 

six. The additional article being submitted to vote, 
was approved by fifteen delegations, Argentine, Bol- 
ivia, and Paraguay abstaining from voting. 

The rest of the morning session, and nearly all 
of the afternoon session, was taken up in discussing 
the other articles of the project, and the conflicting 
laws existing in the different republics. Various 
amendments were offered and rejected, but some 
modification of the language made, and finally the 
project was accepted and referred to the Engross- 
ing Committee. 

The treaty as it stands provides that extradition 
shall be granted for crimes punishable with not less 
than two years' imprisonment, and when it is not 
possible to determine the punishment correspond- 
ing to a crime for which extradition has been de- 
manded, the crimes of murder, rape, bigamy, arson, 
piracy, destruction or loss of vessel, mutiny or con- 
spiracy on board of a vessel, burglary, the act of 
breaking into public offices, banks, etc., robbery, 
forgery, crimes pertaining to counterfeiting, em- 
bezzlement, kidnapping, mayhem, wilful destruc- 
tion of railways, etc., and obtaining by threats, and 
larceny. It specifies that extradition shall not be 
granted for political offenses, or for deeds con- 
nected therewith ; but acts which may be determined 
by the laws of both the demanding country, and 
the country from which the demand is made, as 
pertaining to anarchism, shall not be considered po- 
litical offenses. 



History of The Second Pan-American Congress 181 

Article XIII of the treaty provides that the extra- 
dition of any individual guilty of acts of anarchism 
can be demanded whenever the legislation of the 
demanding State, and that of the State upon which 
the demand is made, have established penalties for 
such acts, even though the penalty imposed be less 
than two years. Article XIV provides for the sub- 
mission of all controversies arising out of the inter- 
pretation or carrying into effect of the treaty to ar- 
bitration, and Article XV to the time which the 
treaty shall remain in force, being for five years 
from the day on which the last exchange of ratifi- 
cation shall have been made, and shall remain in 
force for a term of another five years, if it shall not 
have been denounced twelve months prior to the 
expiration of that period. 

The provisory article offered by the committee 
and accepted by vote of the Conference is append- 
ed as a transitory article, and the whole is signed 
by the delegations of seventeen countries, the signa- 
tures of Brazil and Venezuela not appearing. 



182 History of TJw Second Pan-American Congress 
CHAPTER XVII. 

PRACTICE OF THE LEARNED PROFESSIONS. 

One of the first subjects taken up by the Con- 
ference was the " Practice of the Learned Profes- 
sions." The Chilean delegation presented a project 
in which they stated as briefly as possible the rea- 
sons for the project, as follows: 

" To place the scientific men of all these nations 
in contact with each other; to facilitate in each 
country the professional practice of knowledge ac- 
quired in different schools; and to open through- 
out the entire extent of the territories which com- 
prise the contracting nations a field of action for 
the intellectual activity of those who, enlightened 
by special studies, desire to work for honorable gain 
outside of their native land." 

They declared that, though these advantages con- 
stituted an inspiration cherished for a long time 
by all the countries of America, still it did not ap- 
pear advisable to grant such absolute liberty as 
might prove adverse to the end desired. The proper 
protection of the populations over which the consti- 
tuted authorities have the duty to watch, requires a 
restriction of this liberty in such measure as is de- 
manded by the high consideration of caution, and 
police vigilance, the importance of which cannot be 
disregarded in either domestic or international leg- 



History of The Second Pan-American Congress 183 

islation. With due consideration of these necessary 
restrictions, they had drafted their project which 
began with the broad proposition of allowing any 
of the citizens of the. republics agreeing to the project 
to freely exercise the profession for which they may 
be duly authorized by title, or diploma, granted by 
competent national authority, in any of the territory 
of the other nations. 

As restriction, they proposed the right on the part 
of each of the contracting nations to require the citi- 
zens of the other country desiring to practice any of 
the professions relating to surgery, or medicine, in- 
cluding pharmacy, to submit to such examination as 
the Government might determine; and that each of 
the contracting Governments give official notice to 
the others, of which of their universities and educa- 
tional institutions were to be considered valid and 
their titles and diplomas acceptable. 

The project being referred to the Committee on 
Learned Professions and Literary Relations, the com- 
mittee reported that, in their judgment, it embraced 
all the provisions necessary, and recommended its ap- 
proval by the Conference. It was taken up for dis- 
cussion at the fifteenth session, held on the 6th day 
of December. 

Mr. Pepper, taking the floor, requested the change 
of the words," by competent national authority " 
in the first article, to such as to include the diplomas 
and titles issued by the States and other authorities 
of the nations which are organized under a federal 



184 History of The Second Pan-American Congress 

form, and which are authorized by their laws to issue 
such diplomas and titles. 

Mr. Blest Gana, for Chile, spoke, saying that he 
did not think the change necessary, as it was suffi- 
ciently covered by Article III, which would establish 
the universities and educational institutions to be rec- 
ognized by the official exchange of notifications by 
the contracting parties. 

Mr. Guachalla for Bolivia stated that he did not 
agree with the proposition either generally or sepa- 
rately; that the Republic of Bolivia had long since 
entered into treaties with several of the South Amer- 
ican countries, and that in all those treaties the most 
complete liberty had predominated. As these treat- 
ies only required the proper certification of the pro- 
fessional title and the identification of the person in 
whose favor it was issued, if Bolivia were to accept 
the proposition, she would be placing herself in con- 
tradiction with said treaties, consequently he found 
himself under the necessity of voting against it. 

Mr. Blest Gana again took the floor, and gave his 
opinion that the argument of the Honorable Dele- 
gate for Bolivia contradicted itself, for, if Bolivia 
granted the greatest liberty in regard to this mat- 
ter in the treaties that it had entered into with the 
other countries, this fact, far from being a reason 
for rejecting the proposition, ought to lead him 
gladly to give a favorable vote, considering that the 
fundamental idea of the proposition is exactly the 
free practice of the professions. 



History of The Second Pan-American Congress 185 

Mr. Guachalla persisted that he could not favor 
a project which established restrictions incompatible 
with those agreements which his country had al- 
ready entered into. 

Mr. Gil Fortoul, for Venezuela, requested that in 
order that the discussion might rest upon a sound 
foundation, that the delegation for the United States 
inform the Conference whether diplomas issued by 
any one of the States in that country are accepted by 
all the States forming the Union ; for, if they were 
not, the countries represented at the Conference could 
not be expected to recognize the validity of the titles 
or diplomas referred to. 

Mr. Pepper gave an explanation of the system 
established in the United States, and admitted that, 
while in some of the States the validity of titles cr 
diplomas issued by other States is accepted, other 
States did not observe the same rule. 

Mr. Lazo Arriaga, for Guatemala, desired to 
know if in case the United States Government should 
sign the proposed treaty, would it be obligatory upon 
all the States of the Union. 

Mr. Sanchez Marmol, for Mexico, called atten- 
tion to the irregularity of the discussion, which, in 
his opinion, should confine itself to the project as a 
whole before taking up separately the articles. He 
stated that he did not think well founded the ob- 
jection of the Honorable Delegate from Bolivia, 
neither could he understand the reasons he had given 
for not accepting the leading idea of the proposition ; 



186 History of The Second Pan-American Congress 

that, if it is true that in Article II some restrictions 
are provided for, these were of merely a permissive 
character, and, therefore, Bolivia would have a right 
to reject them if she so desired, thus respecting her 
present treaties. Regarding the observations made 
by Mr. Pepper, he called attention to the fact that 
the Constitution of Mexico was also federal, but its 
115th article provides that the diplomas issued by the 
States are valid in the whole territory of the Union. 
If there was not a similar disposition, or provision, 
in the United States, then the diplomas issued by 
the States could not be admitted in the other coun- 
tries of America, for the very reason given by the 
Honorable Delegate from Venezuela. 

Mr. Walker Martinez, for Chile, stated that the 
Honorable Delegate for Bolivia pretends to estab- 
lish an inacceptable opposition to the project, and to 
make his antagonism disappear, he strengthened the 
argument of the Honorable Delegate for Mexico. 
As to the objection concerning the United States, he 
called attention to the third article, according to which 
that Government could make known to the other 
powers which of its universities or educational insti- 
tutions were considered authorized to issue titles or 
professional diplomas. 

Mr. Bermejo, for Argentine, stated that, notwith- 
standing that his ideas were in accord -with those of 
the Honorable Delegate for Bolivia, Argentine hav- 
ing very nearly the same treaties, he had no objec- 
tion in giving his favorable vote to the report in gen- 



History of The Second Pan- American Congress 187 

eral, whereupon Mr. Alvarez Calderon, for Peru, 
asked the United States delegation whether, if ac- 
cepting the project, would the United States sign it, 
and when signed, would the American Senate ratify 
it, and, if so, would their ratification be compulsory 
on all the States of the Union. 

Mr. Buchanan answered by stating that if the Sen- 
ate of the United States approved the treaty, it would 
be obligatory law for all the States of the Union. He 
further made some explanation about the methods 
established in his country, stating that in the United 
States there are some 500 universities or colleges rec- 
ognized by the Bureau of Education. 

The report, as a whole, being submitted to vote, it 
was approved by all the delegations present, except 
that of Bolivia, which voted in the negative. Peru, 
in casting its affirmative vote, stated that it did so 
with the understanding that it did not imply the de- 
nouncement or abrogation of treaties on the same 
subject-matter which its country might have pre- 
viously entered into with other nations. Subse- 
quently, the Hon. Delegate for Uruguay, Dr. Cues- 
tas, who was not present during the discussion, on 
account of slight illness, stated that he desired to 
cast his vote in the negative with that of the Honor- 
able Delegate for Bolivia, adding to the reasons 
given by that Delegate that, having previously pre- 
sented the treaties of Montevideo for the considera- 
tion of the Conference, among which is one relating 
to the practice of the Learned Professions, which 



188 History of The Second Pan-American Congress 

had not been taken into account by the reporting 
committee, not even by referring to it as a prece- 
dent; but, on the contrary, treated with a more or 
less contemptuous silence. 

Mr. Blest Gana, as chairman of the committee, 
stated that he did not recollect at the moment with 
certainty the reasons that had induced the commit- 
tee not to accept the bases of the Treaty of Monte- 
video, but that in no manner had there been any 
disdain with regard to that treaty; an infutation 
which was unfounded, and which he repelled ener- 
getically, and concluded by saying that, in proof of 
the appreciation which those treaties deserved, the 
report on Literary Copyrights, which was already 
prepared, commenced by declaring that the respect- 
ive Treaty of Montevideo had been taken as a basis. 

The first article of the project being taken up for 
debate, Mr. Volney W. Foster, explaining that in 
the United States there was no national authority 
empowered in matters relating to certificates or di- 
plomas, offered in the name of the United States 
delegation a proposition, in which the delegation 
proposed to earnestly recommend to the respective 
States of the Union, that they each accredit and re- 
spect the diplomas of the Learned Professions of the 
national colleges of Latin-America, and urging the 
Latin-American republics to empower the compe- 
tent authorities to consider and decide upon cre- 
dentials which might be offered by American citi- 
zens. 



History of The Second Pan-American Congress 189 

Mr. Gil Fortoul, in view of what had been said, 
presented an entirely new draft of Article I of the 
project, and the Honorable Delegate for Haiti pre- 
sented an addition to the one under discussion. The 
Chair ordered that the propositions be referred to 
the committee, and in order that they might have 
time to give them proper consideration, the discus- 
sion was suspended. 

In the meantime, resolutions had been offered by 
Mr. J. B. Calvo, Delegate for Costa Rica, supported 
by the delegations for Honduras, Salvador and 
Nicaragua, on the Exchange of Official Publica- 
tions. Mr. Calvo's proposition consisted of a project 
binding the signatory powers to exchange with each 
other reciprocally copies of each of their official pub- 
lications, be they scientific, literary, or industrial, 
and that to facilitate the exchange of same, the offi- 
cial correspondence between the countries be de- 
clared free of postal charges. Two other projects on 
Literary and Artistic Copyrights were presented al- 
most simultaneously by the delegations of Chile and 
Haiti, which were also referred to the committee. 

Upon Mr. Calvo's project coming up for discus- 
sion, the Honorable Delegate for the Argentine, Mr. 
Bermejo, presented a proposition on the same sub- 
ject, which consisted of a simple resolution recom- 
mending the nations to adhere to the convention en- 
tered into at Brussels on the 15th of March, 1886, 
which was for the exchange of official literature, 
documents, etc. By order of the Chair, the matter 



190 History of The Second Pan-American Congress 

was referred to the committee, which subsequently 
reported, stating that it had at first considered its 
duty not to depart from the fundamental idea con- 
tained in Mr. Calvo's project, which was simply to 
recommend to the American nations; but, in view 
of the remarks which the report had led to, and tak- 
ing into consideration the proposition submitted by 
Mr. Bermejo, they concluded that it would better 
carry out the ideas submitted, not to make the sim- 
ple recommendation to be voted upon by the Con- 
ference and communicated to the Governments, but 
to prepare a real project of a convention. 

To this end, the committee stated that they had 
not only taken the proposition of the Honorable 
Delegate for Costa Rica, but also the resolutions of 
the convention agreed upon at Brussels, and some 
of the numerous resolutions adopted on the matter 
in past times between different American countries, 
and some of the European nations with those of 
America. Considering, therefore, these ideas, they 
believed that by means of a convention, the object 
of which is to establish between the signatory coun- 
tries a regular and permanent exchange of official 
publications, the realization of a Pan-American 
work would be attained, and at the same time would 
encourage among the countries the realization of 
friendship and solidarity aimed at between the coun- 
tries of the New Continent. The project was con- 
fined to the exchange of the production of the Am- 
erican intellect, whether proceeding from official or 



History of The Second Pan-American Congress 191 

private energy, provided its creation be due to the 
protection of the Governments. 

By the convention, the Governments would bind 
themselves to furnish one another, reciprocally, two 
copies of all official publications of parliamentary, 
administrative, and statistical documents; works of 
all kinds published or subsidized by the respective 
Governments, and all geographical maps, topo- 
graphic plans, and other works of the kind. The 
contracting governments, in so far as the stipula- 
tions of the Postal Union would allow, would de- 
cree free of postage among the respective countries 
all official correspondence and publications under 
the agreement of exchange referred to in the con- 
vention. 

The report was approved as a whole without dis- 
cussion by the twelve delegations present. Article I 
being put under discussion, Mr. Pepper proposed 
that, instead of the signatory Governments sending 
two copies of the publications, the number be in- 
creased to five. The amendment was accepted by 
Mr. Sanchez Marmol, in the name of the committee. 
A slight modification of the text was offered by 
Mr. Leger which was accepted, but a proposition by 
him to change the wording of the last part of the 
article regarding topographical plans, inasmuch as, 
he thought, these might include those of national de- 
fense, was not accepted; Mr. Sanchez Marmol ex- 
plaining that if the plans concerned the national de- 
fenses they would not be published. This brought 



192 History of The Second Pan-American Congress 

forth some discussion, and the proposed amendment 
being put before the Conference was rejected. 

Article I was put to vote, with Mr. Pepper's 
amendment and Mr. Leger's first modification of 
text, and approved. Article II was approved with- 
out discussion, and Article III, slightly modified in 
text, was also approved. The other articles were 
approved without discussion, and the papers, by or- 
der of the Chair, were referred to the Engrossing 
Committee. 

The final report of the committee concerning the 
practice of the Learned Professions was taken up 
for discussion at the twenty-ninth session, the re- 
port explaining in detail what the committee had 
done to reconcile the divergent opinions and con- 
flicting laws of the different countries interested. 
Mr. Guachalla for Bolivia stated that, as his col- 
leagues in the committee had accepted some modifi- 
cation which he had proposed to Article I of the 
project, he w r ould now vote in its favor. Mr. Fos- 
ter's project proposing to recommend the respect- 
ive States of his country to respect the diplomas of 
the national colleges of Latin-America was rejected 
as impracticable, as also that of Mr. Gil Fortoul, as 
being incomplete; but Mr. Leger's proposed addi- 
tion to the article was accepted. The article being 
put to vote was then adopted. Each succeeding ar- 
ticle was then taken up, and after some slight dis- 
cussion and explanation was adopted. 

At the thirty-fourth session the committee re- 



History of The Second Pan-American Congress 193 

port on the projects submitted by Chile and Haiti 
for an International Copyright was taken up. Mr. 
Blest Gana, chairman of the committee, said that, 
having found itself confronted with the two projects, 
Mr. Leger had been called into consultation, and 
with his aid the two had been consolidated. The 
result consisted of seventeen articles for an Interna- 
tional Copyright Law, and was at once adopted as 
a whole by the Conference without discussion. The 
project was then voted upon article by article. Ar- 
ticle VIII was slightly modified from the original 
text, Article XV was with withdrawn, and the text of 
Article XVI, being considered ambiguous, was 
changed. The articles then being all approved, the 
project was ordered sent to the Committee on En- 
grossing. 

This project convenes the signatory States into 
a union for the purpose of recognizing and protect- 
ing the rights of literary and artistic property. It 
defines the meaning of the terms " Literary and Art- 
istic " work, and the author's right of property, and 
the right of authors in one of the countries to pub- 
lish his works in the others. The final article pro- 
vides that the convention shall commence to take 
effect between the States which may ratify it, three 
months after they have communicated the ratifica- 
tion to the Mexican Government, and shall remain 
in force between them until one year after the date 
of its abrogation by either of them, and such abro- 
gation shall affect only the country making it. 

13 



194 History of The Second Pan-American Congress 

At the next session, upon the request of Mr. 
Anadon, for the Argentine, Article XVII of the proj- 
ect, which had been withdrawn by the committee, 
was added. This article provides that the Govern- 
ments of the signatory States shall declare whether 
they accept the adherence to the same by the na- 
tions which have had no representation at the Con- 
ference. 



History of The Second Pan-American Congress 195 



CHAPTER XVIII. 

ON THE RIGHTS OF ALIENS. 

At the thirty-fifth session the Committee on Inter- 
national Law also reported on a Declaration on the 
Rights of Aliens. This began with a general state- 
ment that, until within very recent times, foreigners 
in all countries found themselves in a condition of 
manifest inferiority in relation to the citizens thereof. 
In their exercise of civil rights, they were subjected 
to restrictions which constituted real disadvantages 
to their persons and property, and, moreover, they 
were regarded with suspicion and were treated with 
disfavor. It is from this which arises the principle 
that each State must watch over and protect its citi- 
zens residing in foreign counries. 

This state of things had radically changed with 
the advent of democracy and the progress of civi- 
lization, till foreigners were now received not only 
without suspicion, but as an element of progress, 
and the American republics regarded honest immi- 
gration as one of the surest sources of their well- 
being and prosperity. However, in spite of the 
trend in this direction, some countries with fre- 
quency still support claims of their citizens against 
the American republics, as though the former state 
of things still remained. These claims, especially 
those of powerful countries, tend to create for their 



196 History of The Second Pan-American Congress 

citizens a privileged condition, because they exercise 
rights which, by the law of the country against 
which the claims are made, do not belong to their 
own citizens, and they thus avail themselves of a 
special and unjust privilege, offensive to both the 
Government and the people who have extended 
them their hospitality. Besides the support through 
diplomatic channels of the rights which a foreigner 
desires to secure, whether it is well founded or not, 
is a complete disregard of the democratic principle 
which serves as a basis for modern international law. 

Giving their reasons for this rather broad state- 
ment, the committee laid down three fundamental 
principles which should govern the political and ju- 
ridical status of foreigners: First, the equality of 
civil rights of natives and foreigners; second, as a 
consequence of the former, a State must not present 
claims of its citizens, much less intervene in them, 
demanding indemnity for injuries suffered in an- 
other State, when the citizens of the latter have no 
such right; and, third, being also a consequence of 
the first, that the rights which the foreigners may 
allege shall be exercised before the same authorities 
as the citizens, excepting in a case of a denial of 
justice. 

The committee mentioned two projects on this 
same matter submitted to the Conference, one 
signed by the Delegates of the five Central Amer- 
ican republics with those of Colombia, Venezuela 
and Ecuador, requesting that the same principles 



History of The Second Pan-American Congress 197 

proclaimed by the Conference at Washington be 
again recognized, and one from the delegation of 
Chile, on the first principle, requesting that the other 
two principles be sanctioned by treaties. 

After a careful examination of these two projects, 
with that of the naturalization of foreigners, the 
committee proposed that the following principles be 
recognized as forming part of the international law. 

First. Foreigners shall enjoy all civil rights 
granted to citizens, and they may make use thereof 
in substance, form or procedure, and to the re- 
courses to which they may give rise, under the same 
terms as the citizens. 

Second. The States shall not have, nor acknowl- 
edge, in favor of foreigners any other obligations or 
responsibilities further than those established by the 
Constitution and the laws in favor of natives. 

Therefore, the States shall not be responsible for 
damages sustained by foreigners through the acts of 
rebels or individuals, and in general for damages 
originating from fortuitous cases of any kind, con- 
sidering as such the acts of war, whether civil or 
national, except in case of negligence on the part of 
the constituted authorities in the fulfilment of their 
obligations. 

Third. Whenever a foreigner may have claims or 
complaints of a civil, criminal, or administrative na- 
ture against a State or its citizens, he shall apply to 
a competent court, filing at the same time his de- 
mands, and such claims or complaints shall not be 



198 History of The Second Pan-American Congress 

made through diplomatic channels, except in cases 
where there may have been, on the part of the court, 
manifest denial of justice, or unusual delay, or evi- 
dent violation of the principles of international law. 

Fourth. The American States shall recognize the 
principle of native citizenship, and, therefore, they 
shall consider as citizens the individuals born in 
their respective territory. 

Fifth. Naturalized foreigners, who abandon the 
territory of the State, to establish themselves in the 
country of their origin with no intention of return- 
ing, shall lose the right which they acquired by nat- 
uralization. 

This project was signed by the Honorable Dele- 
gates Messrs. F. L. de la Barra, Juan Cuestas, An- 
tonio Bermejo, Baltasar Estupinian and Fernando 
E. Guachalla. Mr. de la Barra signed with a reser- 
vation, and the last three gentlemen made exception 
to the fourth article of the project. 

The project coming up for discussion, Mr. de la 
Barra, chairman of the committee, stated that the 
Mexican delegation could not concur in some of 
the declarations with which the report ends, as. they 
were neither in accord with Mexican legislation, nor 
in reason with political expediency. To begin with, 
the report was rather heterogeneous, as it contained 
principles on the rights of foreigners, as well as rules 
for the acquirement of citizenship; he did not believe 
that the declaration proposed by the committee 
should be accepted, as they greatly exceeded those 



History of The Second Pan-American Congress 199 

that are indicated by a wise policy. The first prin- 
ciple proposed, though it was liberal as to equality 
between citizens and foreigners, there existed cer- 
tain restrictions in Mexican legislation with regard 
to the principle referred to, such as those relating to 
the acquisition of land by foreigners on the bound- 
ary lines, to the enjoyment of copyrights, to the re- 
quirements of "judicatum solvi," and others; there- 
fore, if Mexico were to favor the first of these decla- 
rations, it would establish a principle false and con- 
tradictory to some of her laws. In regard to the 
second declaration, he did not think it correct to say 
that foreigners have not more rights than those 
granted to citizens, because, though, like the latter, 
they can and ought to apply to the tribunals of the 
country in which they reside, they have the right to 
apply through diplomatic channels as specially es- 
tablished in the third declaration. The fourth dec- 
laration, based upon "jus soli'' was completely at 
variance with the greater part of legislations of the 
countries represented, in which, as in the rest of the 
world, there is a marked tendency in favor of the 
opposite principle of "jus sanguinis" After demon- 
strating that the fifth declaration was not less op- 
posed to the laws of Mexico, that fixing a period 
after w T hich citizens' rights are lost, he concluded by 
presenting some declarations in which the opinions 
of the Mexican delegation on the subject were for- 
mulated, not to provoke discussion, but simply to 
have them recorded in the minutes of the session. 



200 History of The Second Pan-American Congress 

Mr. Bermejo, a Delegate for the Argentine and 
member of the committee, who appeared to have 
been the principal member in formulating the proj- 
ect, gave some explanation on how the two distinct 
projects were presented, one by various delegations 
reiterating the two fundamental principles adopted 
by the Congress at Washington, and the other by 
the delegation of Chile, and the great pains he had 
been to in trying to conciliate opposing opinions. 
He had believed that the non-concurrence of Mex- 
ico referred only to the fourth declaration; but, see- 
ing that it was in entire discord with almost the 
whole of the report, he believed it useless for the 
Conference to lose the precious time at its disposal 
in discussions by which no advantageous result 
could be obtained. 

Mr. Buchanan said he thought every Delegate 
present knew the position of the United States Gov- 
ernment on the matters treated of in the project, 
and that, inasmuch as it would be impossible for his 
delegation to assent to a very large portion of the 
report, it would abstain from taking part in the 
debate, or from voting on the whole or in part. 

Mr. Pineda, a Delegate for Mexico, took excep- 
tion to some of his colleague's remarks, stating that 
the Constitution of Mexico not only admitted the 
"jus sanguinis" but also the "jus soli" which are 
complementary, one with the other. Mr. de la Barra 
then stating that the interpretation of the Mexican 
Constitution by his colleague must be right, he had 



History of The Second Pan-American Congress 201 

just conferred with the other members of the- com- 
mittee, and had come to an agreement on some 
modification of the report, by virtue of which the 
Mexican delegation would be able to vote in favor 
of the same. 

The report was then put to vote as a whole, and 
approved as a whole by sixteen votes, the delegation 
of the United States abstaining from voting. The 
discussion in detail taken up, Mr. Lopez Portillo, 
for Mexico, after regretting that the project was 
not given the form of a convention instead of a 
simple declaration, stated that he found the text 
of the first article deficient, and he proposed an 
amendment, making the article read: " Foreigners 
shall enjoy all primordial and civil rights granted 
and guaranteed by the State to its natives, and shall 
enjoy the same privileges to establish them, with 
the limitation of the laws provided by the treaties." 

This amendment being discussed and voted upon, 
was rejected by sixteen votes, the United States ab- 
staining from voting. Mr. de la Barra then pre- 
sented a new draft of the article which read: " For- 
eigners shall enjoy all the civil rights granted to na- 
tives, and must make use thereof in the intent, in the 
form, in the procedure, and in the recourses granted, 
absolutely under the same conditions as natives, 
unless otherwise provided for by the Constitution 
and the laws." 

The Honorable Delegate for Flaiti thought this 
was too absolute, and that it did not take into con- 



202 History of The Second Pan-American Congress 

sideration the provisions of the special laws of each 
of the countries; that in his country, for instance, 
foreigners could not acquire property rights, neither 
by purchase, inheritance,, nor donation, and, as in 
all the other countries there must certainly be simi- 
lar restrictions, he did not think the article as draft- 
ed was acceptable. 

Mr. de la Barra called the Delegate's attention to 
the provision made by the last part of the article 
provided for by the Constitution and laws of the 
country; but Mr. Leger insisted on his remarks, 
and proposed an amendment which was rejected 
by the Conference. Mr. Pineda then asked that the 
final words of the article, " and of the laws," be 
suppressed. This was agreed to by the committee, 
and the article being put to vote, was approved by 
sixteen votes, the United States and Haiti abstain- 
ing from voting. 

Article II being put under discussion, Mr. Lopez 
Portillo said he did not think it proper to speak of 
the responsibilities of the Governments in favor of 
their citizens, nor did he think proper to use the 
terms of " fortuitous of whatsoever nature," as he 
did not think anyone would allege as reasons for 
claims, such as inundations, fires, etc.; on the other 
hand, it was inaccurate to classify wars as fortui- 
tous cases. 

Mr. Bermejo replied in an eloquent address, say- 
ing that the object of the article was to proclaim 
very loudly that foreigners have not, in the countries 



History of The Second Pan-American Congress 203 

where they establish themselves, privileges of any 
nature over the citizens of those countries, nor can 
they pretend to occupy any exceptional position 
which might authorize their Governments, when they 
are powerful, to exercise real acts of violence against 
such countries, w T hich amounted to abuse of power. 
Those who settle in a country should submit in 
everything to its tribunals, and should have full 
confidence in their justice, and if they have not — 
if they do not believe that a nation is civilized — 
then they should not establish themselves in its ter- 
ritory, in order to be exposed to arbitrary measures 
and outrages. He concluded by appealing to the 
Conference that it should not fail to take advantage 
of the solemn opportunity to proclaim in the sight 
of the whole world the principle of respect for jus- 
tice of the American countries, w T hich were as civil- 
ized as most civilized countries of the world. The 
article was then adopted by fifteen votes, the same 
delegations as previously abstaining from voting. 

Without discussion, Article III was adopted by 
the same number of votes. Article IV Mr. Lopez 
Portillo spoke in favor of suppressing, as besides 
there being a lack of unanimity on it, he did not 
think it of importance with the others. Mr. Ber- 
mejo sustained both Articles IV and V. He said that 
there is a capital difference between the American 
doctrine in which prevails the "jus soli!' and the Eu- 
ropean doctrine in which prevails the "jus san- 
guinis." If we were to admit in the countries of 



204 History of The Second Pan-American Congress 

America that the sons of foreigners should follow 
the nationality of their fathers, we would soon find 
ourselves strangers in our own country. Mr. Matte, 
for Chile, deplored that the saving clause of the first 
article relative to the laws of each country had not 
been retained, and he cited the United States, for 
example, where in some States a foreigner could not 
acquire real estate. He spoke against Article IV, 
and concluded by asking that it be suppressed. Mr. 
de la Barra stated that his delegation would abstain 
from voting upon it by reason of the constitutional 
precepts and laws of his country, as already stated. 
Mr. Estupinian also declared his intention of ab- 
staining from voting out of respect for the laws of 
his country. 

Mr. Bermejo again spoke in favor of the article, 
and Mr. Lopez Portillo answered him by remarking 
that all the nations of America did not have the 
same interest in establishing the principle so ably 
defended by him. The article being put to vote, 
there were seven votes in the affirmative — Argen- 
tine, Bolivia, Colombia, Dominican Republic, Guat- 
emala, Paraguay and Uruguay voting in the affirm- 
ative. Chile voted in the negative; and Costa Rica, 
Ecuador, Salvador, United States, Haiti, Honduras, 
Mexico, Nicaragua and Peru abstaining from vot- 
ing. The Chair ruled that, as there had not been 
sufficient votes cast to carry the article, it would 
be taken up for discussion at the next session. 

After a short debate on Article V, upon request 



History of The Second Pan-American Congress 205 

of Mr. Bermejo, the discussion on this article was 
also postponed till the next session. 

Upon the articles again being taken up, the chair- 
man of the committee stated that the previous re- 
marks having been taken into consideration, the 
committee desired to substitute a new draft of Arti- 
cle IV, which was : " The American States recognize 
the principle of natural citizenship, and, in conse- 
quence, consider as citizens the persons born in 
their^ respective territories. The sons of citizens 
born on foreign soil, who at the time of arriving at 
legal age should they elect the nationality of their 
parents, shall have all the political rights of those 
born in the territory." 

Mr. Matte stated that the delegation of Chile 
could not vote for the treaty if the two articles un- 
der discussion were to be a part of it, and inas- 
much as his delegation had voted for the first three, 
and consequently desired to sign the convention, 
he for the second time asked the committee to di- 
vide the project into two parts, for which purpose 
he presented a proposition to that effect. 

Mr. Bermejo replied that the committee would 
not oppose this request, in order to avoid the obsta- 
cles indicated, and then, as the two articles were 
about to be put to discussion, the committee stated 
its withdrawal of them. Mr. Matte then withdrew 
his proposition, as it had no further object, and re- 
quested of the Conference that the project as al- 
ready passed upon should be given the form of a 



206 History of The Second Pan-American Congress 

convention, and not that of a simple declaration. 
Upon motion of Mr. Carbo, the Committee on En- 
grossing was charged with giving it this form. This 
was voted upon by all .the delegations except the 
United States and Haiti, and the resolutions passed 
to the Engrossing Committee. 



History of The Second Pan-American Congress 207 



CHAPTER XIX. 

THE CODIFICATION OF AMERICAN INTERNATIONAL 

LAW. 

Mr. Jose Hygino Duarte Pereira, Delegate from 
Brazil, the eminent jurist who died in the midst of 
his labors, was the author of a project for the Codifi- 
cation of International Law, and was until removed 
by his sudden death, Chairman of the Committee 
appointed to report on the same. 

At the twentieth session of the Conference, held 
on the 20th of December, the committee submitted 
its report. They gave due credit to their illustrious 
chairman as author of the project which they had 
only slightly modified. After referring to the am- 
biguity, and often obscurity and confusion of many 
of the provisions governing International Relations, 
which constitute in a great number of cases an ob- 
stacle to the real harmony of international relations, 
they gave a brief resume of what has been done in 
the past towards the drafting of Codes of Interna- 
tional Law for the purpose of fixing and determin- 
ing the rules to which nations may subject them- 
selves in their reciprocal relations. 

They referred to the South American Conference 
at Montevideo, in 1888 and 1889, which had for its 
object the codification of International Private Law, 
and although that Conference had adopted the treat- 



208 History of The Second Pan-American Congress 

ies proposed, they had only been ratified by some 
of the countries, notwithstanding the fact that their 
adoption had been recommended by the Washing- 
ton Conference of 1889. .The committee expressed 
their belief, however, that the present Conference 
would be the first assembly of diplomats that would 
give its opinion in favor of codifying all the laws of 
nations, that is, of collecting in one clear and precise 
doctrine all the fundamental precepts which govern 
the relations between nations. 

Taking as a basis of the relations between na- 
tions, the liberty and integrity of each one of them, 
it would be necessary to count upon all of them 
contributing freely towards perfecting and estab- 
lishing such an International Code as was proposed, 
and, if possible, sanction the rules which were to 
govern them in their mutual relations. 

Pointing out the difficulties arising from the fact 
that international relations are intimately connected 
with the interior and foreign policies of each State, 
which policies, in turn, are dominated by the inter- 
ests, prejudices, and passions more or less firmly 
rooted in public opinion, which naturally produces 
political and economic antagonism between the na- 
tions, and consequently in their mutual relations, 
from which result the want of accord on many of 
the principles which should govern these relations, 
and the difficulty arising from the fact that the real 
necessities of the life of peoples are as varied as 
those necessities, the committee alluded to those 



History of The Second Pan-American Congress 209 

matters which do not affect the interest of any one 
particular country; such as those which do not suf- 
fer scarcely any alteration in the changes of the po- 
litical life of the States, and do not give signs of 
any such changes. To this number pertain many 
matters of Private International Law, the conven- 
tions known under the name of International 
Unions, and finally those which rest on the noble 
sentiments of human nature, such as those which 
tend to render the laws of warfare less cruel. 

Therefore, the committee thought that the diffi- 
culties which are opposed to the Codification of In- 
ternational Law, although serious, are not, after all, 
insuperable; but it would be necessary for a commit- 
tee of American jurists to undertake the work by 
gathering the various opinions which exist in the 
different countries upon each one of the matters 
which is the object of the codification. This com- 
mittee should not devote its work to the detailed 
regulation of all the matters which constitute inter- 
national law, for, in view of all the difficulties pre- 
sented, and the dearth of sufficient elements con- 
tributory thereto, it would be neither necessary nor 
convenient. 

After giving briefly their opinion of the work 
which a committee of American jurists should con- 
sider and confine themselves to in the codification 
of an international law, a project for the convention 
of a committee of five American jurists, to be in- 
trusted during the interval from the present to the 

14 



210 History of The Second Pan-American Congress 

next Conference with the drafting of a code of Pub- 
lic International Law, and a Code of Private Inter- 
national Law, was submitted to the consideration 
of the Conference. 

The discussion of this report and the project was 
taken up at the twenty-third session of the Confer- 
ence, held on the 30th of December. Mr. Leger, 
of Haiti, rose at once with a series of amendments 
to the three first articles of the project. According 
to the rules, the discussion of these amendments was 
deferred, and the report being offered for discussion 
as a whole, and there being none, it was approved 
by sixteen votes, the Uruguayan and Venezuelan 
representatives not being in the hall at the time. 

Article I of the project was then taken up, with 
the amendment offered by Mr. Leger, who stated 
that the proposition to codify an international law 
was the best evidence of the necessity felt by the 
American republics of such; but to limit its appli- 
cation to one hemisphere only would render more 
difficult the realization of the ideal; he, therefore, in 
an able argument sustained his amendment to the 
first article of the project, to the effect that the 
codification of an international law should not be 
limited to the countries of the Western Hemisphere 
alone, but should include Europe as well. 

Mr. de la Barra, of Mexico, chairman of the com- 
mittee, then rose on behalf of the committee, and 
stated that, while recognizing the exalted views of 
the Honorable Delegate from Haiti, the committee 



History of The Second Pan-American Congress 211 

found itself under the painful necessity of refusing 
to accept the same. In a few words, the speaker 
stated the strong reasons existing for such a course. 
Then referring to the proposed amendment intend- 
ing to associate European jurists with American 
ones, he pointed out the difficulties and loss of time 
which would be occasioned thereby, and that, should 
one or more nations fail to appoint their representa- 
tives, or should the opinion of the latter, as it likely 
is, be radically opposed to those of the American 
jurists, the important work would not only become 
postponed, but its carrying out would become im- 
probable. He concluded with saying that the com- 
mittee would be glad to accept the amendment to 
the first part of Article I, but would not accept the 
other. 

Upon being put to the vote of the Conference, 
the proposition of the Honorable Delegate of Haiti, 
rejected by the committee, was also rejected by the 
Conference, there being only the sustaining vote of 
Haiti. The session was then adjourned to the after- 
noon, when the amended article was presented by 
the committee, as follows : 

1 The Ministers of the republics accredited in 
Washington and the Secretary of State of the Uni- 
ted States, shall appoint a commission of five jurists 
of America, who shall be charged with the prepara- 
tion of a Code of International Public Law, and a 
Code of International Private Law, which are to 
govern the relations between the nations of Amer- 
ica." 



212 History of The Second Pan-American Congress 

Mr. Buchanan proposed the substitution of the 
words, " which are to govern the relations between 
the nations of America " for " to be applied to and 
in accordance with, the existing relations between 
the republics of America." 

Mr. Carbo then offered an amendment in view of 
the vagueness of the wording of the article, and the 
Chair ruling that Mr. Buchanan's amendment would 
be first submitted, he requested Mr. Carbo to put 
his own in writing, so that it might be considered 
afterwards. 

Mr. Leger again advanced his arguments in favor 
of the absolute liberty of the jurists appointed being 
left to bring their work to a successful conclusion, 
and of making such results applicable between the 
countries of Europe and America, as well, and re- 
quested the final words of the article be sup- 
pressed. Considerable discussion followed, and Mr. 
Buchanan's amendment being put to vote, it was re- 
jected, only the United States and Haiti standing 
together on the proposition. Mr. Carbo then read 
his proposed change in the language of the article, 
which was to the effect of rendering it more clear, 
and it was approved. Mr. Leger's amendment was 
rejected by sixteen votes against those of the United 
States and Haiti. 

Mr. Leger then withdrew his proposed amend- 
ments to Articles II and III, as being connected with 
that which he had framed for the first article, and 
consequently were useless, as the first had not been 



History of The Second Pan-American Congress 213 

approved. Mr. Macedo, of Mexico, submitted an 
amendment to Article III, introducing a clause which 
would insure the prompt formation of the codes 
proposed. Both the articles were then unanimously 
approved. 

Article IV, referring to the ratification of a con- 
vention, at the suggestion of Mr. Lazo Arriaga, was 
suppressed as useless, whereupon Article V was put 
under discussion, and unanimously approved, rank- 
ing as Article IV on account of the suppression of 
the previous article. Mr. Macedo, considering it op- 
portune that a term be fixed for the ratification of 
the convention, submitted as the fifth article the 
term limit within one year from the close of the Con- 
ference. The article being voted upon and passed 
by the Conference, the project was referred by the 
Chair to the Engrossing Committee. 

At a subsequent session of the Conference, at the 
request of Mr. de la Barra, chairman of the com- 
mittee, explaining that the committee believed it ad- 
visable to add to Article I of the project, " two Eu- 
ropean publicists of acknowledged reputation," the 
addition was made and at once adopted by una- 
nimity of votes. 



214 History of The Second Pan-American Congress 
CHAPTER XX. 

ON THE SUBJECT OF SANITATION. 

Early during the Conference, Mexico presented a 
long proposition for a set of resolutions on Inter- 
national Sanitary Regulations, beginning with a ref- 
erence to the recommendation made at the First 
International Conference, held at Washington in 
1890, and the non-adherence to their provisions, nor 
their treaty ratification by any of the countries repre- 
sented, with the exception of Paraguay; and dwell- 
ing upon the necessity of some such international 
sanitary measures being adopted, they gave a gen- 
eral history of what had been done in the past to- 
wards this end. The whole matter was referred to 
the Committee on Pan-American Sanitary Regula- 
tions, which, after several weeks of careful delibera- 
tion, during which the Mexican specialist on sanita- 
tion, Dr. Liceaga, President of the Board of Health 
of the Mexican Republic, was freely consulted, and 
the United States Government sent specially its 
sanitary expert, Dr Rosenau, from Washington, to 
aid the committee, the final report was presented at 
the thirty-seventh session of the Conference. 

With only a slight change in one of its resolu- 
tions, proposed by Mr. Foster, chairman of the com- 
mittee, the resolutions were adopted and referred to 
the Committee on Engrossing. 

The preamble of these resolutions deals with the 



History of The Second Pan-American Congress 215 

advance in medical science in America, establishing 
'sanitation in the place of quarantine, or the import- 
ance of putting cities in such sanitary conditions 
that disease cannot propagate, rather than the ne- 
cessity of preventing infection by means of quaran- 
tine, which hinders traffic and brings obstacles to 
commerce. Referring to the common interests of 
the American republics rendering it necessary for 
the Conference to adopt methods and make recom- 
mendations for the improvement of sanitary condi- 
tions, and thus restrict quarantine, and perhaps do 
away with that which necessitates it, they pointed 
out the evils occurring from strict quarantine, and 
the advantages to be gained by working towards its 
eventual abolition. Reference was made to the good 
already done in the past by sanitary conventions 
held in different places, especially the two conven- 
tions of Rio Janeiro and Lima, which were the re- 
sult of the six Congresses which had taken place 
previously in different parts of the world. The un- 
healthy quarters of towns and cities were pointed 
out as the principal foci of propagation of the dis- 
eased germs; and, if these quarters be cleaned and 
disinfected, the germs would die out. Cleanliness 
should be the principal care of cities. Diseased 
germs requiring food, their source of nourishment 
taken away, they could not live. 

Surgeon-General Wyman's report on sanitation 
in Havana was freely referred to, in which he men- 
tions as one of the most powerful incentives for 
sanitation taking root is the prospect of being free 



216 History of The Second Pan-American Congress 

from quarantine. The committee stated that upon 
commencing their labors they had carefully studied 
the project of the Mexican delegation, which showed 
a profound study of the subject, and also tended to 
establish the fact that the solution of the problem of 
the preventing of contagious and epidemic diseases 
had undergone modifications, made necessary by the 
continued advance of science since the First Inter- 
national Congress of 1890. But with the view of 
reaching immediate results, adhering substantially 
to the conclusions in the project of the Mexican del- 
egation, they proposed the adoption of the recom- 
mendations which would powerfully contribute to 
combat the plagues which have afflicted humanity, 
decimating it, and always causing restriction to 
commercial traffic. 

After paying tribute to Dr. Eduardo Liceaga, Dr. 
Wyman and Dr. M. J. Rosenau, for the efficacious 
co-operation obtained from them, and mentioning 
the reports and other works of the eminent Peru- 
vian, Dr. Francesco Rosas, which had been made 
use of, the project of resolutions followed. 

The first article proposes that all subjects relat- 
ing to the objects of international quarantine, the 
preventing of the introduction of contagious dis- 
eases into a country, and the establishment and 
control of maritime and international land deten- 
tion, or health stations, should be wholly within the 
control of the national Governments. 

The second article provides for the establishment 
in the ports of each country of two kinds of deten- 



History of The Second Pan-American Congress 217 

tion — that for inspection, or observation, and that 
for disinfection. 

The third article provides that prohibitive quar- 
antine on manufactures and merchandise shall be 
abolished, and that merchandise proceeding from 
non-infected ports, and which passed through in- 
fected territory without being detained therein be- 
yond the necessary time of transit, shall not be sub- 
ject to detention or other sanitary measures beyond 
that of the inspection which may be considered nec- 
essary at its destination. 

The fourth article provides for the co-operation 
of all the Governments represented at the Confer- 
ence towards securing and maintaining modern and 
efficient sanitary conditions in all their respective 
ports and territories, to the end that quarantine re- 
strictions may be reduced to a minimum and finally 
abolished. Further, that their respective health or- 
ganizations be instructed to promptly notify the 
consular representatives of the countries of the In- 
ternational Union stationed within their respective 
territories of the existence or progress of cholera, 
yellow fever, bubonic plague, smallpox, or of any 
other serious pestilential outbreak. 

The fifth article provides for a general convention 
of the representatives of the different health organ- 
izations of the American republics at Washington, 
D. C, within one year after the adoption of these 
resolutions; that each Government shall designate 
not less than two delegates to attend the conven- 
tion, with ample power to form such sanitary agree- 



218 History of The Second Pan-American Congress 

ments and regulations as in the judgment of the 
convention may be in the best interests of all the 
republics represented; and that they shall designate 
a permanent executive board of not less than five 
members, who shall hold office until the next con- 
vention, and be known as the " International San- 
itary Bureau," with permanent headquarters at 
Washington. 

The sixth article provides for the service of the 
"International Sanitary Bureau " being rendered ef- 
fective by the transmission of all data of every char- 
acter relative to the sanitary conditions of the ports 
and territories of the republics, and the furnishing 
of every facility and aid for a thorough and careful 
study of any outbreaks of pestilential diseases which 
may occur within any of the republics. 

The seventh article provides for the salaries and 
expenses of the delegates to the convention, and of 
the members of the " Sanitary Bureau," being paid 
by their respective Governments; but that the run- 
ning expenses of the bureau, including those of spe- 
cial investigations, translations, publication and dis- 
tribution of reports, be paid from a special fund cre- 
ated by annual appropriations by the republics on 
the same basis now in force for the maintenance of 
the Bureau of American Republics. It further pro- 
vides, for reasons of economy, the utilizing of the 
present clerical staff of the Bureau of the Amer- 
ican Republics to the fullest extent possible, and for 
the correspondence, accounting, disbursing, and 
preservation of the records incident to the work. 



History of The Second Pan-American Congress 219 
CHAPTER XXL 

CONGRESS ON THE SUBJECT OF COFFEE. 

At the twenty-third session of the Conference, 
Mr. Lazo Arriaga, Delegate for Guatemala, called 
the attention of his colleagues to a subject which he 
thought was of vital interest to all, and that was 
what he termed the crisis through which the coffee 
industry is passing. He figured that fifteen of the 
countries represented at the Conference produced 
the 'berry, while the other four consumed it, and 
consequently all suffered more or less in their com- 
mercial relations as a consequence of its present 
low price. He thought it might be possible to find 
in the loss of revenue in some of the countries 
caused by the falling off in the price of coffee the 
cause of some of the revolutions which afflict sev- 
eral of the countries, the people suffering misery 
and poverty in them as a consequence of being un- 
able to obtain a fair price for their product. To find 
a remedy for the evil, he submitted a proposition 
calling for a commission, to be composed of one or 
more delegates from each of the countries desiring 
to be represented, to meet at the City of New York 
within one year, and investigate the causes which 
are producing the low price, causing the crisis 
through which the great industry is passing, and 
to propose practical means to prevent or abate the 
same. 



220 History of The Second Pan-American Congress 

This proposition being submitted to the Commit- 
tee on Agriculture and Industry, it was reported 
upon favorably, the committee adding to the re- 
marks already made upon the subject by Mr. Lazo 
Arriaga, their belief that measures might be indi- 
cated, not so much as to limit the production, as to 
increase its consumption, as, for example, its ex- 
emption from duties which are caused by its ex- 
portation; exemption or reduction of the duties of 
importation which are charged by some of the prin- 
cipal European countries, to be secured by means 
of treaties of commerce; reduction of the cost of 
transportation; withdrawal from commerce of the 
most inferior classes of the berry, which are at 
present thrown upon such markets to the injury of 
public health; and, finally, the committee stated its 
belief, that if the meeting should have no other re- 
sult than that of affirming with solid arguments, that 
it is impossible to propose a remedy for the crisis, 
even such a negative result would by itself consti- 
tute an advantage, because in such cases the pro- 
ducers, who are already discouraged, instead of 
continuing to make useless sacrifices for the pres- 
ervation of their plantations, would reduce the same 
and devote their energies to the development of 
other industries. 

Following these remarks, the committee present- 
ed the resolution calling for a commission, accord- 
ing to the plan proposed by Mr. Lazo Arriaga, said 
commission to be composed of delegates possess- 



History of The Second Pan-American Congress 221 

ing technical and expert knowledge regarding the 
production, distribution and consumption of coffee. 
The Board of Directors of the International Bu- 
reau of American Republics was designated to fix 
the date on which the commission should meet, and 
should assist the commission in perfecting its or- 
ganization. 

The report, upon being presented to the Con- 
ference, was approved without discussion. 



223 History of The Second Pan-American Congress 



CHAPTER XXII. 

THE PROPOSED CUSTOMS CONGRESS. 

At the twentieth session of the Conference, held 
on the 20th of December, the Committee on Com- 
merce and Reciprocity presented a report recom- 
mending to the various Governments represented 
that, within one year from the closing of the ses- 
sions of the Congress, there should meet in the City 
of New York, a Congress composed of one or more 
delegates appointed by each Government from its 
prominent officials, or other persons, possessing 
technical and special knowledge in all customs mat- 
ters. 

In a long preamble, the committee set forth an 
exposition of the fundamental principles which had 
been its guide in preparing the project. It stated 
in the first place its belief had been to systematic- 
ally exclude from the resolutions proposed all gen- 
eral recommendations bearing upon principles which 
are universally accepted. Referring to commerce 
as having always been a means of furthering cult- 
ure and progress, and the necessity of favoring it 
by all possible encouragement between nations, it 
stated that its labors, to be productive, must tend 
to indicate ways and means which could be carried 
into practice. 

The committee also stated its belief that the po- 



History of The Second Pan-American Congress 223 

litical economy and the fiscal laws of each Govern- 
ment must be guided primarily, and in their favor, 
towards the particular interests of its own people 
in the manner that the people and its Government 
may understand them, in accordance with their sov- 
ereignty; and that the principal source of revenue 
among most of the nations of this Continent being 
derived, and must continue to be derived, from the 
customs dues on the imports; and that many of the 
republics which up to this time have only exported 
raw materials, and imported manufactured prod- 
ucts, are now tending, in view of their growing de- 
velopment of domestic industries, to transform their 
own natural products, making use of the same, and 
exporting them under more elaborate forms, di- 
minishing, therefore, the imports of similar foreign 
merchandise. 

The committee inferred from these principles, 
based on facts, that it should abstain from all rec- 
ommendations which would directly or indirectly 
counsel the republics to alter either the custom 
house duties, or the basis established by tariffs for 
their collection. They declared these to be prob- 
lems which each country must solve as it may think 
best, although they admitted the advantages which 
would result from the greatest possible uniformity 
on all these important matters; but they considered 
that such uniformity carried out to the point consist- 
ent with the diversity of habits and with the neces- 
sity of the inhabitants of the entire hemisphere, 



224 History of The Second Pan-American Congress 

must be the natural and spontaneous product of 
the study which is being made by each one of the 
Governments, in order that their respective coun- 
tries may not be left behind in the struggle which 
competition necessitates in the modern world. 

In view of this opinion, the committee concluded 
that the best measure which it could propose to the 
Conference would be an international conference of 
specialists to occupy itself in investigating the best 
methods to realize certain clear and simple proposi- 
tions of evident common interest, and to suggest to 
the Governments what propositions would tend to 
diminish the obstacle which the custom house con- 
stitutes toward commerce, within certain limits com- 
patible with the fiscal system of each nation, and 
without injury to the high interest which is in- 
volved in an honorable and loyal comprehension of 
custom house duties. 

They then referred to several points of import- 
ant initiative on the part of Mr. William I. Bu- 
chanan, which ask the Conference to adopt certain 
resolutions with the object of concluding the work 
of forming a common nomenclature of merchandise 
in the four languages which are spoken in the va- 
rious republics, to be used by all the Governments 
as a basis for the custom house tariff, according to 
which the duties in all the republics should be col- 
lected. And while in sympathy with Mr. Buchan- 
an's initiative, which gave as special reasons for 
concluding the work already undertaken in this di- 



History of The Second Pan- American Congress 225 

rection, which is very inaccurate, its inaccuracy pro- 
ceeded chiefly from provincialisms and local idioms 
peculiar to the several republics in which the Span- 
ish language is spoken; therefore, the committee 
thought, after consulting various opinions to the ef- 
fect that a complete and perfect nomenclature could 
only be realized with great difficulty, owing not only 
to the four languages used, but also to the many 
constantly changing terms peculiar to the people 
of the different countries represented. It, therefore, 
decided to recommend that examinations be made 
by the Governments of the present nomenclature, 
and that, in view of this examination, the proposed 
Custom House Congress be instructed to examine 
and resolve the questions connected with this im- 
portant problem. 

Referring to commercial reciprocity, the com- 
mittee said it had taken into consideration that a 
careful and calm investigation by the Governments 
would without doubt demonstrate the fact that the 
nations are able to make mutual concessions to 
each other, which, with the reciprocated advantages 
derived from a more active trade between them- 
selves, would stimulate the development of their 
mutual products and national industries to such an 
extent as to constitute an adequate compensation 
for the pecuniary sacrifices which these concessions 
might cause, as their first and most apparent con- 
sequence. In proof of this view they referred to 
the facility of exchanges, and the consequent pros- 
is 



226 History of The Second Pan-American Congress 

perity, which the many treaties of reciprocity be- 
tween the different republics have produced. 

Finally, the committee expressed itself as cher- 
ishing the profound conviction that one of the tangi- 
ble results of the proposed Congress would be 
the fraternal intercourse of the nations represented, 
founded upon a better knowledge of their resources, 
their tendencies, and even of their representative 
men, which intercourse would tend to produce sta- 
ble peace based upon mutual esteem, and this on its 
part would bring nearer the period in which a more 
complete development of their unexploited and al- 
most inexhaustible resources would induce them to 
favor the extension of their railroads and navigation 
lines, and would lead all the nations of this Conti- 
nent to broader and more liberal usages than those 
which have been customary up to the present time. 

Following the recommendation for the formation 
of the Congress, it was specified that the Board of 
Directors of the Bureau of American Republics 
should fix the date for the assembling of the Con- 
gress, which should use its own judgment as to its 
organization, with the assistance or co-operation of 
the employees of the Bureau. Its purpose and ob- 
jects should be to decide and pass upon all prop- 
ositions which may be presented by its delegates, or 
by the committees which may be appointed, with 
due regard for the custom house system of each 
country. Their investigations should embrace such 
subjects as Uniformity of Regulations for the entry, 



History of The Second Pan-American Congress 227 

dispatch and clearance of the vessels engaged in 
international commerce; Uniformity and Simplicity 
of Customs Formalities with regard to manifests of 
vessels; facts to be contained in Consular In- 
voices, etc.; Uniformity in the Clearance of mer- 
chandise and baggage; Adequate Means to Estab- 
lish a Common Nomenclature of the products and 
merchandise of the different republics; a simple and 
uniform system for declarations, and the custom 
house dispatch of samples and merchandise trans- 
mitted by post; to simplify and make uniform all 
the custom house formalities for the transportation 
of goods across one territory into that of another 
and to deal with all other matters of like character. 
When the report was taken up for discussion, 
Mr. Matte, Delegate of Chile, stated that, as this is 
a matter of great importance, and, taking into con- 
sideration the precedents already established by the 
Conference when the report on Trade-Marks was 
discussed, and that in which the formation of Codes 
of International Law was consulted, that, in lieu of 
a simple recommendation to the Governments, the 
report should take the form of a resolution, in order 
that the assembling of the Customs Congress be fa- 
cilitated and assured, as suggested by the commit- 
tee; and he, believing that its labors would prepare 
the way for future reciprocity treaties (although, as 
a matter of fact, it was decided at the Washington 
Conference that zollverein between the American 
nations could not be constituted), he thought it pos- 



228 History of The Second Pan-American Congress 

sible, nevertheless, to secure harmony in custom 
house procedure; and that for such purpose, as well 
as for the formation of a nomenclature such as that 
recommended by Mr. Buchanan, and also a Code, 
or Digest, of all custom house laws, the assembling 
of the proposed Congress would prove to be most 
useful, as expedient, and that all points which could 
not be passed upon by the Conference in reference 
to such matters be decided by the technical Con- 
gress convoked in accordance with the resolution. 

Regarding Mr. Matte's suggestion that the rec- 
ommendation be adopted in the form of a resolu- 
tion, instead of a simple recommendation, Mr. Ana- 
don, for the committee, said that the members of the 
committee had already exchanged opinions and 
would accept it, it being necessary, according to the 
rules, to adopt the report as a whole, and then refer 
.it back to the committee, for the purpose of making 
the proposed change. 

Mr. Pepper, Delegate for the United States, stat- 
ed that, as all the members appeared to be in accord 
with Mr. Matte's suggestion, it did not seem to him 
necessary to refer the report back to the committee, 
thus losing valuable time, but that such amend- 
ments as were desired could be made to the report 
then and there. 

During a brief discussion of the rules which fol- 
lowed, Mr. Macedo, member of the committee, pre- 
pared a new draft of the recommendation, in the 
form of a resolution, as proposed by Mr. Matte, and 



History of The Second Pan-American Congress 229 

upon its being read, the President announced that, 
as the modification offered did not affect the whole, 
he asked the assembly whether it desired to adopt 
the project as a whole, and afterwards, upon dis- 
cussing each of its articles separately, vote upon 
them with the modification which might be made. 

The assembly decided, by the unanimous vote of 
the seventeen delegations present, to adopt the re- 
port as a whole. The various articles and para- 
graphs were then taken up for discussion, and voted 
upon according to the rules, and carried, Mr. Leger, 
of Haiti, reserving to himself the right to give his 
definite vote when the text of the resolutions should 
be presented in French in the final minutes of the 
Conference. 

To this same committee was referred a proposition 
by Mr. Pepper, for the United States, and Mr. Calvo, 
for Costa Rica, the aim of which was the indorse- 
ment of the Commercial Museum of Philadelphia, a 
museum founded in that city by W. P. Wilson, Sc. 
D., for the exhibition and study of commercial meth- 
ods and the promotion of international trade, and 
supported partly by public funds voted by the City 
Councils of Philadelphia, partly by fees paid by busi- 
ness men to cover the actual cost of preparing special 
reports obtained for them, and partly by appropria- 
tions from the State, the work of the institution being 
entirely unselfish and carried on without thought of 
profit. 

This proposition met with an energetic protest 



230 History of The Second Pan-American Congress 

from the commercial or mercantile agency of R. G. 
Dun & Co., in the form of a communication through 
its Mexican office, claiming that the Museum under- 
takes to furnish for pecuniary remuneration mer- 
cantile reports of a private character, and that, there- 
fore, a recommendation of the Conference in favor 
of said Museum would imply the indorsement of a 
specific mercantile agency, as against and to the 
loss of others, which through their private efforts 
are devoted to the same business. 

The committee in its report announced that it had 
examined carefully into the Museum and its govern- 
ment, and had investigated the opposition made by 
the mercantile agency. The result of their investiga- 
tions led them to state that they had found the Phil- 
adelphia Museum to be a public institution, which 
paid no dividends to shareholders, as it had none; 
that it is governed by a board of trustees, who com- 
prise leading state and city officials, including the 
Governor and Mayor, and fourteen leading business 
men chosen for life and serving without salary, and 
that its funds, whatever their source may be, 
whether private, city, state or national, are invested 
was divided, which spoke for themselves, but only 
for that one which had in view the promotion of 
more intimate commercial relations among the 
American republics.* 

The committee, therefore, suggested that the Con- 

*The Philadelphia Commercial Museum is only one of the 
component parts of the Philadelphia Museums, organized 
by ordinance of the City Councils in Philadelphia in June, 



History of The Second Pan-American Congress 231 

ference adopt a resolution recommending to their 
respective Governments the advisability of adopting 
measures looking to the speedy completion and re- 
newal of the collections of their products exhibited 
at the Museum, and the transmission to it of the 
data, reports and publications of a general chara- 
acter tending to favor and increase mercantile traffic. 

When this report was put under discussion, Mr. 
Walker Martinez, for Chile, said that he found him- 
self in a perplexity to decide which way to vote on 
the subject, because he could not approve the re- 
port of the committee, neither did he desire to op- 
pose it. It was evident that there existed a dispute 
between two private interests, which the Conference 
should not be called upon to decide. In view of the 
conflicting testimony of the two rival concerns, and 
his own inability to decide the case intelligently, he 
offered a substitute for the Committee recommen- 
dation, referring the entire matter to the Bureau 
of American Republics. 

Mr. Macedo, for the committee, made some ex- 
planations of the committee's investigations to de- 
cide whether the Museum of Philadelphia was a 
private institution, or one of really public charac- 
ter, and, having decided that it was the latter, he 
gave some of the reasons, and thought the institution 
worthy of the assistance it asked. 

1894. The intention of the founder, W. P. Wilson. Sc. D., 
was to establish in course of time a group of five mu- 
seums — commercial, pedagogical, archaeological, natural 
history and general. 



232 History of The Second Pan-American Congress 

Upon Mr. Walker Martinez insisting that the 
matter be referred to the Bureau, Mr. Pepper, for 
the committee, said he regretted that the committee 
could not accept the amendment ; that if the amend- 
ment was accepted, he was afraid that some other 
private mercantile agency at the next Conference 
might ask that the Bureau of American Republics 
be dispensed with, because it was infringing on its 
functions. 

Mr. Walker Martinez, in opposing the resolution, 
said that a similar one, solicited bv the Museum 
from the United States Congress, had been refused, 
and he thought the Conference should follow that 
wholesome example, especially as it was shown that 
the institution certainly in some respects assumed 
the character of a private business. Further argu- 
ment continued pro and con, in which Mr. Macedo 
and Mr. Guachalla sustained the resolution. Mr. 
Anadon announced that, owing to the difficult posi- 
tion in which his delegation found itself on the sub- 
ject, Argentine would abstain from voting. 

Being put to vote, Mr. Walker Martinez's amend- 
ment was lost, only Chile, Dominican Republic and 
Ecuador voting in favor of it. Mr. Carbo, for Ec- 
uador, offered a slight modification in the text of 
the resolution, which was accepted by the commit- 
tee, whereupon, put to vote, the resolution was 
adopted by fourteen votes, against that of Chile, Ar- 
gentine and Dominican Republic, abstaining from 
voting. 



History of The Second Pan-American Congress 233 
CHAPTER XXIII. 

RESOURCES AND STATISTICS. 

The Committee on Resources and Statistics pre- 
sented its report at the nineteenth session. This 
report began with a statement that " few are the 
matters which can prove to be so useful to inter- 
national relations, as the mutual knowledge of na- 
tions in what refers to their products, industries 
and wealth." 

After pointing out the advantages to be gained 
by an international exchange of statistical infor- 
mation upon such subjects, the committee pre- 
sented a list of the subjects of which this inter- 
change of data should treat. This list enumerated 
mines under exploitation, asphalt and metallic de- 
posits, forests, flora, agronomic products, improve- 
ments of the soil, natural forces susceptible of cre- 
ating motive power, means of communication, 
lands, industries, etc. 

In order that the data covering these subjects 
snouid be as complete as possible, and should be 
colle .ted and published in a systematic manner at 
suitable periods, the committee believed that the 
Bureau of American Republics, at Washington, 
should be authorized to extend the sphere of its 
activity and its efforts towards the attainment of the 
end proposed, with the co-operation of the repre- 



234 History of The Second Pan-American Congress 

sentatives of the respective countries. They also 
thought it would be advisable to establish perma- 
nent expositions to exhibit the natural and indus- 
trial products of the countries, and to encourage 
them in such a way that samples of all articles 
which may be considered as commercial, accompa- 
nied by explanations clearly defining the means of 
production, cost of land, seeds, raw material, and 
cost of labor and production, be sent, and renewed 
opportunely. 

As the information alluded to would be difficult 
to understand if it were to contain different systems 
of weights, measures and coinage, it was recom- 
mended that the decimal system be established for 
the former, and the gold standard for the latter. 

Based on these considerations, the committee 
recommended that the American Governments send 
from time to time, at the latest every year, to the 
Bureau of American Republics, the most complete 
information possible to obtain, regarding their pop- 
ulation and natural resources, as well as all statis- 
tical data on manufactures and commerce, and on 
any other matter which they might deem useful for 
the development of their international economic re- 
lations. 

They further recommended that the Bureau give 
special attention to the obtaining of such data, to 
the classifying and publishing of it, and that the 
republics send to the permanent expositions sam- 
ples of their natural and industrial products, with 



History of TJie Second Pan-American Congress 235 

all information upon them, and that the data on 
weights and measures be given according to the 
decimal system, and likewise the standard gold coin 
of the United States be taken as a basis of values. 

The report was signed by the Honorable Dele- 
gates Messrs. Charles M. Pepper, J. Leonard, J. 
B. Calvo, Baltasar Estupinian, and Jose Lopez 
Portillo y Rojas, and at the twenty-second session 
was referred to the Committee on Engrossing with- 
out discussion. 



236 History of The Second Pan-American Congress 
CHAPTER XXIV. 

TRADE-MARKS, WEIGHTS AND MEASURES. 

The report of the Committee on Trade-Marks, 
Weights and Measures for an international treaty 
unifying the same was read at the twenty-first ses- 
sion of the Conference, whereupon Mr. Casasus, of 
the Mexican delegation, delivered a long address, 
stating that it had not been his intention to take 
part in the discussion; that he had limited himself 
in a private way to offer some suggestions to the 
committee, but, as they had been rejected, he con- 
sidered it necessary to present the same before the 
Conference. He reviewed the principles of the sub- 
ject-matter covered by the report, and plainly stated 
his objections to it, expressing a desire in doing so 
not to give any offense to the committee. 

Mr. Elmore, chairman of the committee, thanked 
the Honorable Delegate of Mexico for his observa- 
tions, the matter being of such importance for all 
the countries of the Continent, for the reason that it 
affected the interests of the consumer, as well as 
those of the manufacturer and merchant. Reference 
was made to the Treaty of Montevideo, upon which 
the committee report was based, and he concluded 
by stating that he believed the suggestions made by 
Mr. Casasus should be adopted. Further remarks 
were made by Mr. Walker Martinez, Mr. Bermejo, 



History of The Second Pan-American Congress 237 

and Mr. Macedo, and finally upon motion of Mr. 
Walker Martinez, the report was adopted as a 
whole, and referred back to the committee. 

The revised report was read at the twenty-fourth 
and taken up for discussion at the thirty-third ses- 
sion. At the request of Mr. Elmore, it was put un- 
der discussion as a whole, and without debate 
adopted by fifteen votes, the Delegate of Haiti ab- 
staining from voting, stating that as long as it was 
not determined to have the resolutions of the Con- 
ference translated into French, he was compelled to 
abstain from taking part in its labors. 

Mr. Walker Martinez stated that the custom of 
submitting the reports in Spanish and English had 
been followed, and there was no reason why the 
Honorable Delegate from Haiti should abstain from 
taking part, although he did not deny his perfect 
right to refuse to sign the treaties if they were not 
translated into the language of his country when 
they were ready to be signed. Thereupon the Chair 
observed that French was not a language merely 
tolerated by the Conference, since the regulations 
provided that each one of the Delegates' could speak 
in his own language, and, therefore, the Honorable 
Delegate for Haiti was in his right to demand the 
translation of the documents into French, and he 
did not doubt but that the committee would make 
provisions for it in the future. 

The report was then taken up by articles, dis- 
cussed and voted upon, Haiti abstaining from vot- 



238 History of The Second Pan-American Congress 

ing on all the articles, while the United States and 
Mexico abstained from voting on some of them. 
Mr. Volney W. Foster stated by way of explana- 
tion why the United States abstained from voting; 
that the patent law practiced in his country had 
many ramifications, and was something very large, 
and that there were some articles in the project 
which his delegation could not say how they affected 
the existing law. He further added that he hoped 
that the project adopted by the Conference might 
be one that his country could accept, and in abstain- 
ing from voting, he was not opposed to the project. 

Article I of the project provides that the citizens 
of each of the signatory States shall enjoy in the 
others, the same advantages granted to their re- 
spective citizens regarding Trade-Marks of Com- 
merce, or Manufacture, Models and Industrial 
Drawings and Patents of Inventions. Consequently 
they shall have the right to the same protection 
and to identical remedies against any attack upon 
their rights. 

The succeeding articles define the rights of for- 
eigners domiciled in a country having the same 
rights with respect to the treaty as a citizen, what 
constitutes a copyright or patent, methods to be em- 
ployed to obtain such, and the civil and criminal re- 
sponsibilities of those who infringe upon them. 



History of The Second Pan-American Congress 239 
CHAPTER XXV. 

REPORT OF THE COMMITTEE ON GENERAL WELFARE. 

A committee of seven members was appointed to 
deal with topics concerning the general interest and 
prosperity of the republics, which was called the 
Committee of General Welfare, and to its considera- 
tion was referred various communications and proj- 
ects which could not properly be classified under 
the heads of the work of any of the other commit- 
tees, or which could scarcely be expected to have 
a special committee appointed to consider them. 
Mr. John Barrett, for example, asked that, as the 
World's Fair at St. Louis was to be an international 
exposition, and its directors hoped that the Con- 
ference would see fit to consider its plan and scope, 
and adopt resolutions favorable to Pan-American 
participation, the matter be referred to the Com- 
mittee on General Welfare. 

A note received from the Spanish Minister at 
Mexico, inclosing a copy of a cablegram from the 
King of Spain, informing the Conference that the 
Spanish Parliament gave cordial expressions of 
sympathy as a proof of gratefulness for the greet- 
ings sent to Spain by the Delegate from Colombia, 
was referred to this committee. The greetings re- 
ferred to by the Spanish Parliament were the ex- 
pressions of General Reyes in answering a toast 



240 History of The Second Pan-American Congress 

delivered by the Governor of the Federal District, 
in tendering, on behalf of the City of Mexico, a 
banquet on the 24th of October to all the Dele- 
gates of the Conference". General Reyes explained 
that his object had been to send cordial greetings to 
Spain, after so many years of darkness, upon the 
meeting of all the nations of the New Continent, 
including among them the United States, which 
had contributed more than any other to clear that 
darkness. 

The committee in its report recommended that 
the Conference acknowledge gratefully the cordial 
salutations from the Spanish Parliament, and re- 
ciprocate their cordial greetings. They also re- 
ported favorably upon a proposition to congratu- 
late the young Brazilian aeronaut, Mr. Santos Du- 
mont, upon the brilliant success he had achieved 
in aerial navigation, including those of all the other 
scientific men who persist in the discovery of the 
problem of aerial navigation. 

Early in the Conference an essay was received 
from Asuncion, Paraguay, by Miss Ramona Fer- 
reira, on the conditions of the working classes in 
that country. The receipt of this essay was simply 
announced to the Conference, and then referred to 
the committee. 

The other subjects referred to this committee in 
the order they came up were as follows: 

A communication was read by Mr. Pepper from 
the American Section of the International Peace 



History of The Second Pan-American Congress 241 

Bureau, inclosing by order of its President, Mr. 
Frederick Bajer, a set of resolutions by which the 
American States would agree to bind themselves to 
become and remain neutral; to prevent the employ- 
ment of force in their reciprocal relations, and to 
conclude conventions of obligatory arbitration. 

A communication from the President of the As- 
sociation of International Olympic Games, to be 
held at Chicago in 1904, to Mr. Volney W. Foster, 
asking him to convey to the Delegates of the Con- 
ference their warmest expression of friendship and 
good-will, and requesting the participation of their 
respective countries in the Olympic Games. 

A proposition presented by Messrs. Chavero and 
Foster, recommending the creation of an Interna- 
tional Archaeological Committee. 

A draft of a resolution presented by the Dele- 
gates of Guatemala, Nicaragua, Mexico, Hondu- 
ras, Salvador and Costa Rica, manifesting the ap- 
preciation of the Conference of the efforts of the 
City of St. Louis, in its preparation for the Interna- 
tional Exposition of 1903. 

A proposition extending congratulations to the 
President, Director-General and to the other offi- 
cials of the Pan-American Exposition at Buffalo, 
as well as to the people of that city, by the delega- 
tions of Nicaragua, Honduras, Costa Rica, Guate- 
mala, Ecuador, and Salvador, for their efforts to- 
wards the success of that great undertaking. 

On the resolutions of the International Peace 
16 



242 History of The Second Pan-American Congress 

Bureau the committee recommended that it be re- 
ferred to the Committee on Arbitration for its con- 
sideration, which was done. 

On the communication addressed to Mr. Volney 
W. Foster, soliciting the participation of the differ- 
ent republics in the International Games of 1904, 
the committee recommended that the Conference 
communicate the invitation of the International As- 
sociation of Olympic Games to the different Gov- 
ernments, which was approved by the unanimous 
vote of the Conference. 

The other projects relating to the manifestation 
of appreciation of the efforts of the City of St. Louis 
in its preparation for the International Exposition, 
and that extending congratulations to all those who 
contributed to the success of the Buffalo Exposi- 
tion, were approved, with the addition to the last 
proposition of the inclusion of the special mention 
of the Director-General of that exposition, Mr. Bu- 
chanan. 

The proposition of Messrs. Foster and Alfredo 
Chavero, recommending the appointment of an In- 
ternational Archaeological Committee, was reported 
upon favorably, with the addition that the commis- 
sion and sub-commissions be subject to the special 
laws of each one of the contracting countries. 

In the preamble of this project, the reasons are 
set forth for the resolution, as the existence upon 
the territory of the republics, archaeological and eth- 
nological remains of inestimable value, which time, 



History of The Second Pan-American Congress 243 

erosion, and vandalism are rapidly dimming and 
destroying. The resolution is consequently made 
that the commission be appointed by the various 
Governments naming one or more representatives; 
that the expenses and salaries be defrayed by each 
of the Governments so appointing them; that such 
commissioners be appointed for a term of five years, 
subject to reappointment, and that the expenses in- 
cident to the prosecution of the work shall be ap- 
propriated by the Governments subscribing on the 
same basis as that on which the Bureau of Ameri- 
can Republics is supported. The first meeting of 
the commission is required to take place in the City 
of Washington, within two years from the date of 
the resolution; that the accounting department of 
the commission be exercised by the Bureau of Am- 
erican Republics; that the commission shall meet 
at least once a year; that it shall have the power to 
appoint sub-commissions to explore, clean, and pre- 
serve the principal pre-historic cities, establishing 
at each of them a museum to contain exhumed ob- 
jects of interest found in the locality, and to estab- 
lish conveniences for the visiting public, and con- 
cludes with the contemplation that the result of the 
work of the commission may be the establishment 
of a great international museum, which may, in 
turn, result in the interpretation of the written mes- 
sages which have been left upon the walls of many 
of these ruins by their builders. 



244 History of The Second Pan-American Congress 
CHAPTER XXVI. 

FUTURE PAN-AMERICAN CONFERENCES. 

The Committee on Future Pan- American Confer- 
ences reported : 

' The expediency of holding periodically interna- 
tional American Conferences has been recognized by 
the republics of this hemisphere. Many advantages 
have been derived from these assemblies, inasmuch as 
the exchange of ideas and the diffusion of knowledge 
among the countries represented in them, contribute 
to foster closer relations among these republics 
through the resulting treaties and conventions. The 
progress achieved at the reunions is towards the real- 
ization of mutual ideals and the unification of their 
legislation, in which manner all these nations har- 
monize their desires of mutual welfare. This work 
must necessarily be a gradual one, and therefore rec- 
ommendaions of one Conference may be amplified 
by those of a subsequent one, or if such recommenda- 
tions should have met with difficulties in their appli- 
cations, such obstacles may be removed by the next 
Conference, in such a form as experience may indi- 
cate, and which it may consider as the most appro- 
priate. 

" The guiding aim, then, is to be found in the con- 
tinuity and unity of interests of the American repub- 
lics, and especially the stimulus of the commercial 



History of The Second Pan-American Congress 245 

relations between them and in encouraging the devel- 
opment of natural resources." 

The idea of each Government presenting a report 
of what they each had done at a previous Congress 
was indorsed, reference being made to the ones read 
and distributed by the Mexican and Argentine dele- 
gations. As a matter of fact, several of the dele- 
gations thought it useless to take up the time of the 
Congress by the reading of such lengthy reports, 
arguing that the object of the meeting was to discuss 
practical measures for the future and not for each 
delegation to tell the others what they had done or 
could not do. 

The committee expressed it as the prevailing opin- 
ion of the Conference that such meetings should 
occur at frequent intervals. 

At the thirty-seventh meeting the following reso- 
lution was presented and discussed : 

" Resolved, That the Third International Ameri- 
can Conference shall meet within five years in the 
place which the diplomatic representatives accred- 
ited by the American republics in Washington, and 
the Secretary of State of the United States of Amer- 
ica, may designate for the purpose, and in accordance 
with what at the meeting of the said representatives 
may be resolved regarding the programme and other 
necessary details, for all of which they are hereby 
expressly authorized by the present resolution." 

" It is also resolved to recommend to each one of 
the governments that they present to the next Con- 



246 History of The Second Pan-American Congress 

ference a complete report of all that has been done 
by their respective countries in obedience to the rec- 
ommendations adopted by" the First and Second Con- 
ferences." 

After being approved as a whole, it was discussed 
in detail. Mr. Macedo of Mexico presented the fol- 
lowing addition to the first paragraph : 

" If for any circumstance it should not be possible 
that the Third Conference be held within five years, 
the diplomatic representatives accredited at Washing- 
ton and the Secretary of State of the United States 
of America shall have the power to designate another 
date for said Conference." 

After some discussion between Messrs. Macedo, 
Anadon, Calvo and Pepper, the resolution, as amend- 
ed, was put to a vote, unanimously approved and re- 
ferred to the Engrossing Committee. 



History of The Second Pan-American Congress 247 

CHAPTER XXVII. 
MINOR ITEMS. 

GREETINGS TO CUBA. 

Near the close of the sessions of the Conference, 
Mr. Pepper requested that the Assembly transmit 
to the future President of Cuba its sincere wishes 
for the successful discharge of his duties, and for 
prosperity of the new Republic of Cuba. He asked 
for the immediate passage of the resolution without 
reference to a committee, saying that the subject 
and circumstances justified such action. He further 
stated that, in offering the resolution, the United 
States delegation believed that it reflected the senti- 
ments of the American people, and their desire for 
the well-being and prosperity of the new-coming na- 
tion; and that it was fitting for a Conference repre- 
senting so many republics, whose independence was 
achieved through the blood and suffering and the 
sacrifices of their people, should now extend recog- 
nition to the island whose independence signalized 
the beginning of the twentieth century. 

Mr. de la Barra, for Mexico, seconded Mr. Pep- 
per's motion, expressing at the same time his desire 
for the growing prosperity of the Island of Cuba, 
under a solid and autonomous government, and 
under the protection of the laws which may pro- 
mote the development of its immense wealth. 



248 History of The Second Pan-American Congress 

Mr. Carbo, for Ecuador, stated that he applauded 
the proposition, as it reflected the general sentiments 
of the Conference, and asked that it be approved by 
acclamation. Mr. Leger, for Haiti, also stated his 
approval of the resolution, but he did not think the 
Assembly should use terms in its resolutions not in 
accord with the situation; therefore, he proposed the 
addition of the words, " the future Republic of 
Cuba." Mr. Anadon, for the Argentine, was in fa- 
vor of suspending the discussion till the Delegates 
had the opportunity of informing themselves more 
thoroughly in regard to the election of the Presi- 
dent of Cuba. 

Mr. Henriquez y Carbajal, for the Dominican Re- 
public, assured the Delegate, in an extemporaneous 
speech, that the President had been elected in due 
form; and, after further remarks by Mr. Carbo and 
Mr. Elmore, of Peru, Mr. Anadon, withdrawing his 
objection, the Conference adopted the resolution by 
acclamation. 

INTER-OCEANIC CANAL. 

At the thirty-fourth session a proposition was 
read, signed by all the Delegates with the excep- 
tion of the United States, applauding the purpose 
of the latter country in opening an inter-oceanic 
canal. It was taken into immediate consideration, 
and approved by acclamation, whereupon Mr. Fos- 
ter, for the United States, replied in a short address, 
expressing the sincere appreciation of the high com- 
pliment paid his Government. 



History of The Second Pan-American Congress 249 
MARITIME AXD RIVER TRAXSPORTATIOX. 

The report of the Committee on Maritime and 
River Transportation was not presented till the 
thirty-fourth session. The report was limited to the 
approval of various projects for the facilitation of 
maritime and river transportation, and concluded 
with the suggestion that the entire project be re- 
ferred to the Custom House Congress, which had 
already been projected, to convene in the City of 
New York, offering the following list of subjects for 
its investigation : 

"a. The simplification of charges collected from 
merchant vessels, limiting them to that of tonnage 
only, which shall be collected in an equitable man- 
ner from the vessels which may bring cargo, and 
from those in ballast. 

"b. Uniformitv in the collection of the charges to 
which the foregoing article refers, taking as a basis 
the gross tonnage of the vessels. 

"c. The advisability that all the Governments of 
the republics of America should enact laws, ordi- 
nances, or port regulations, facilitating the entry 
and clearance of vessels, with the greatest possible 
despatch. 

"d. Measures tending to facilitate the loading and 
unloading of vessels. 

"e. Adoption of a maritime and administrative 
nomenclature for the custom houses, in which all 
articles upon which duties are charged at present, 
or upon which they may be charged in the future, 



350 History of The Second Pan-American Congress 

shall be enumerated in alphabetic order, in Span- 
ish, English, Portuguese and French. This no- 
menclature shall be used- in manifests, consular in- 
voices, entries, permits, and other custom house doc- 
uments." 

At the following session the report was approved 
unanimously by all the delegations without discus- 
sion, Mr. Leger, for Haiti, merely stating that he 
voted with reserve upon clauses a and b. 

LONDON PEACE SOCIETY. 

At the session of the 8th day of November, a 
communication was read from the Secretary of the 
Peace Society of London, W. Evans Darby, Esq., 
in which the latter announces the sending of several 
works on the subject of arbitration. The letter 
states that the society is " the oldest organization 
for the promotion of peace and arbitration in the 
world," and the warmest hopes are expressed for the 
success and usefulness of the Congress. 

PROPOSITION FROM CITY OF NEW ORLEANS FOR 
BUREAU OF AMERICAN REPUBLICS. 

A proposition from the City Council of New Or- 
leans, suggesting that the Bureau of American Re- 
publics be transferred to that city, was referred to 
the Committee on the Reorganization of the Bu- 
reau of American Republics, and reported upon, 
the committee stating its desire to thank the City 
Council for the interest shown in favor of the Bu- 



History of The Second Pan-American Congress 251 

reau, but that the offer could not be accepted in 
view of the plan of reorganization recommended by 
the committee to the Conference. 

GENERAL RESOLUTIONS OF THANKS. 

As the Congress was about to close a resolution 
was read, signed by various delegations, in which 
they expressed their esteem and gratitude to the 
President of the United States of Mexico, General 
Porfirio Diaz, to his Cabinet, to the Governor of 
the Federal District and to the Municipality of the 
City of Mexico, for the attention, hospitality and 
benevolence that they have extended to themselves, 
their families and their secretaries since their arrival 
in the country, and that they beg the Mexican Gov- 
ernment to communicate to the Governors of the 
States of Puebla, Vera Cruz, Jalisco and Nuevo 
Leon their appreciation for the opportunities they 
have offered them to visit those States of the Re- 
public. 

Mr. Foster, in supporting the proposition, said 
that in the manifestations of sympathy extended to 
the Delegates by both officials and the people of 
Mexico, neither money nor expense had been spared 
and that an atmosphere of cordiality had always 
existed which had caused even the most trifling 
difference to disappear, and that the most com- 
plete harmony should prevail. In the annals of the 
Conference it is shown that nothing which has been 
proposed by any of its members has failed, and that 
the greatest tolerance has presided at all its discus- 



252 History of The Second Pan-American Congress 

sions, not only in the body of the Assembly, but also 
in each of its committees. The result of its labors 
will undoubtedly be of the highest benefit for all the 
republics represented. Matters of the greatest im- 
portance for all of them have been acted upon and 
decided in the most satisfactory manner, and the 
bonds of friendship which unite them have been 
made closer, thus giving a decisive step towards the 
glorious ideal which all are seeking — that of Amer- 
ican fraternity. After expressing his appreciation 
of the services rendered to the Conference by its 
President, Secretary-General and the other secre- 
taries, and rendering a homage of respect and af- 
fection to the memory of Dr. Hygino Duarte Per- 
eira, he concluded by making a cordial mention of 
the secretaries of the delegations, for each one of 
whom he expressed his sincere sympathy. 

At the thirty-eighth session Mr. Carbo of Ecuador, 
with his usual thoughtfulness, proposed the follow- 
ing resolution, which was unanimously approved : 

' The Second Pan-American Conference takes 
pleasure in acknowledging the important co-opera- 
tion lent to its labors by the secretaries of all the del- 
egations represented in this assembly ; and hereby re- 
solves to have their names inserted in the minutes of 
today's session. " 

LIST OF HONORABLE SECRETARIES OF ALL 
THE DELEGATIONS. 

Argentine. — Ruflno Varcla Ortiz, Emilio Noceti. 
Bolivia, — Nestor P. Velasco, Adolfo Romero. 



History of The Second Pan-American Congress 253 

Brazil. — A. Fontoura Xavier, Luis Guimaraes. 

Chile. — Dr. Alejandro Alvarez, Marcial A. Mar- 
tinez, Enrique Balmaceda, Jose Luis Santa Maria. 

Colombia. — Rafael Reyes Angulo, Alejandro Ur- 
daneta. 

Costa Rica. — Manuel A. Parraga. 

Dominican Republic. — Cristobal Vela O. 

Ecuador. — Cristobal Vela O, Leopoldo Pigout. 

Mexico. — Fernando Duret, Jose F. Godoy. 

Nicaragua. — Jose V. Dosal. 

Peru. — Dr. Victor M. Maurtua, Pedro Davalos y 
Lisson, Juan de Osma. 

Salvador. — Dr. Miguel T. Molina, Manuel A. Me- 
lendez, Fausto Estupinian, Jose M. Regalado. 

United States of America. — John Cassell Will- 
iams, Milton J. Rosenau, Thomas Maddin Sommers, 
Charles S. Robb, A. V. Foster, Theodore Z. Hardee. 

Uruguay. — Juan P. Etchegaray. 

Venezuela. — Enrique Perez Valencia. 

SPANISH DICTIONARY. 

An agreement was signed among a number of the 
Delegates to recommend to their respective Govern- 
ments that the amount of 210,000 francs be sub- 
scribed for the complete edition of 1,200 copies of the 
Dictionary of Construction and Rules of the Spanish 
Language, by the Colombian writer, Rufino J. 
Cuervo, described as a monument which highly hon- 
ors the science of America. The said amount which 
the edition will cost was further agreed to be sub- 
scribed in the following manner : 



254 History of The Second Pan-American Congress 

The Republics of Argentine, Colombia, Chile, 
United States of Mexico, shall contribute the sum 
of 1 10,000 francs in equal parts ; that is to say, 22,000 
francs each; the republics of Bolivia, Costa Rica, 
Santo Domingo, Ecuador, Salvador, Guatemala, 
Honduras, Nicaragua, Paraguay and Uruguay, 
shall contribute 100,000 francs also in equal parts, 
that is 10,000 francs each. 

They proposed to request the Mexican Govern- 
ment to undertake the realization of this idea, col- 
lecting the amount of the subscriptions, furnishing 
the funds to the author of the work, and distributing 
copies of the same among the Governments that 
have contributed to it. 



History of The Second Pan-American Congress 255 
CHAPTER XXVIII. 

THE EXPLORATIONS OF THE REYES BROTHERS. 

At the twenty-third session, on December 31, 
General Rafael Reyes, Delegate for Colombia, gave 
a very interesting account of the explorations by 
him and his brothers, Enrique and Nestor, in the 
heart of South America, from the Pacific to the At- 
lantic. The speaker stated that he had often been 
urged by the Geographical Societies of London and 
Paris, as well as by others, to publish an account 
of his explorations; but he had not done so, because 
the tragic death of Nestor, his younger brother, who 
was devoured by the cannibals of Putumayo, and of 
his other borther, Henry, who died of fever, had 
caused him to look back with horror upon every- 
thing connected with that enterprise. As a mem- 
ber of this Congress, however, he believed it his 
duty to give publicity to his experiences, in the opin- 
ion that one of the most important steps that this 
body could take would be those bearing upon the 
opening and enlarging of the internal waterways, 
as a corollary to the great undertaking of a Pan- 
American railway. He remarked that President 
Roosevelt had encouraged him to give the Congress 
an account of the same, for, "with the clear vision 
of a statesman, he told me: That region is a new 
world, destined for the progress and welfare of hu- 



256 History of The Second Pan-American Congress 

inanity/ " General Reyes then alluded to the ex- 
plorations of Livingstone and Stanley in Africa, 
saying: 

" Scarcely a quarter of a century has elapsed since 
the explorations of those two apostles of progress 
came to an end, and to-day railroads already tra- 
verse those territories which they had to cross afoot 
opening routes through the dark forests; flourishing 
and new settlements spring up as if by magic, and 
a commerce of very great importance is carried on. 
Why should not the same take place in South 
America? " 

The journey of the Reyes brothers through a vir- 
gin region is of thrilling interest, and was modestly 
told by the survivor as follows, in part: 

*" We started from the City of Pasto, situated on 
the summit of the Andes, under the equinoxial line. 
The immense region which extends from that city 
for more than 4000 miles to the Atlantic, was then 
completely unknown. We traversed afoot the great 
mass of the Cordillera of the Andes, which rises 
more than 12,000 feet above the level of the sea, up 
to the region of perpetual snow. Where this ceases 
there are immense plains, called paramos, upon which 
there grow neither trees nor flowers, and where an- 
imal life completely disappears. We wandered for 
a whole month on those cold solitudes, guided only 
by the compass. In winter, they are covered with 
a fog as dense as that of the high latitude of the 



*From the official reports. 



History of The Second Pan-American Congress 257 

North; there were days in which we had to remain 
in the same spot in semi-darkness, without being 
able to advance a single step, the thermometer fall- 
ing to 10 degrees below zero, an unbearable tem- 
perature, as we lacked proper shelter and shoes. 
We had to use a kind of shoe called 'alpargatas,' 
made out of henequen (hemp), which only covered 
half of the foot; leather shoes cannot be used as 
those plains are covered with a thick layer of mud, 
in which the traveler, while walking, sinks down 
to the knee. 

" After marching for a month through that des- 
ert, in which perished, due to the intense cold, two 
men of the expedition, of the ten who carried pro- 
visions on their back, we reached the limit of those 
solitary pampas, which appeared like the product 
of a newly forming nature. We were at the eastern 
water-shed of the Andes. An ocean of light and 
verdure extended before our eyes, in marked con- 
trast to the shadows and solitudes which we had 
just traversed; we had before us the abrupt declivity 
of the Cordillera, which descended in some parts 
almost vertically, then in slightly inclined slopes, 
and beyond in perfect levels for miles and miles 
down to the ocean. Over the granite walls of the 
Andes the waters precipitate themselves in majestic 
cataracts, rushing afterwards in torrents through the 
valleys of the Cordillera, and upon reaching the 
plain, they convert themselves into broad and beau- 
tiful rivers, and, like great ribbons of silver on an 

17 



258 History of The Second Pan-American Congress 

emerald field, they are lost in the distant horizon. 
In the forests, the luxurious tropical flora exhibits 
itself in all its beauty. The trees appeared peopled 
with all kinds of varied colors; it was, in a word, 
life which we had before us, and chaos which we 
left behind. 

"We penetrated these unknown forests, opening 
roads with the machete through brambles and briars 
and creepers which obstructed our passage. Arriv- 
ing at the vertical declivities of the Cordillera, in 
places which were impassable, we had to descend 
through the aid of ropes. 

For fifteen days we continued our march 
through these virgin forests, in which snakes and 
wild beasts abound, but which fortunately did not 
cause us any damage. We crossed the torrents over 
bridges of trees which we threw across them or 
forded them afoot; in crossing one of these mount- 
ain torrents, we lost two of the carriers, and the ex- 
pedition was reduced to only six men. After great 
fatigue, and already exposed to a temperature of 
30 degrees centigrade, we arrived at a river naviga- 
ble by canoes, on the shores of which lives the tribe 
of the Mocoas, which Indians, although savages, 
are hospitable, and not cannibals. We remained 
with this tribe one month during which we procured 
from them a canoe to continue our expedition to 
the Amazon river, and six Indians who were to 
accompany us on our trip. They were familiar with 
only six hundred miles of the down stream, and 



History of The Second Pan-American Congress 259 

they informed us that from there they had never 
gone beyond, because those who had dared to pro- 
ceed further, had been devoured by the cannibal 
tribes, which inhabit the other half of the river up 
to the Amazon. 

" We launched our canoe, following the course of 
this unknown river, to which we gave the name by 
which it was known by the savages ' Putumayo ' 
(meaning 'Clear Water' in the Siono dialect). Af- 
ter two days of navigation, we arrived at a point, 
which we baptized with the name of 'La Sofia/ that 
of my wife, where the river is six feet deep at all 
times, and which is the terminus of steamboat navi- 
gation. 

" It took us a month from La Sofia to reach the 
last point known by the savages of Mocoa, a dis- 
tance of 600 miles. Through all this territory the 
river is navigable for steamers of five-foot draft, 
without encountering any obstacle; its shores are 
covered with dense forests, in which there abound 
the caucho, or 'jeve/ coacoa, sarsaparilla, vegeta- 
ble ivory or 'tagua/ ipecacuanha, many other me- 
dicinal plants, and a variety of fine woods. We 
visited the nomadic tribes, which treated us with 
benevolence and even generosity, making us pres- 
ents of smoked provisions, the product of hunting 
and fishing, which constitute their principal occu- 
pation. 

" These tribes are the Cosacuntis, Montepas, To- 
halla and the Inquisilla, all finely built and in con- 



260 History of The Second Pan-American Congress 

stant migration in the search of game and fish. 
They have but few huts of straw; they cultivate 
small plantations of bananas and yucca, in the 
clearings made in the woods, felling the trees with 
stone axes, and then burning them up. They go 
almost naked, and each tribe preserves the most 
absolute autonomy with respect to the others. The 
dialect which they speak is a mixture of Siona and 
Quipchua. They have no religion other than the 
worship of the evil spirits, with which their priests, 
or Payes, pretend to be in communication, for 
which purpose they intoxicate themselves with the 
juice of a narcotic plant, which they call Yoco. It 
is always necessary to be on good terms with the 
Payes or priests, who sway influence over their com- 
panions. The number of individuals of which the 
said tribes are composed, according to the informa- 
tion we gathered, is about 20,000. 

1 We entered now upon the region inhabited by 
cannibal Indians. The first tribe which we encoun- 
tered were the powerful and warlike Mirafias. Our 
companions, the Indians of Mocoa, notified us cate- 
gorically that from that place on they would not go 
any further, and that we had to procure a canoe and 
oars and men to row from that tribe, because they 
were going to return. We did so; we landed, and 
with an interpreter we went to the first settlement. 
We found in it its powerful chief, 'Chua ' or 'tiger/ 
a handsome young man of fine and athletic figure, 
some 30 years of age; he received us as friends, and 



History of The Second Pan-American Congress 261 

gave us his hand, which is an unequivocal sign of 
friendship among these savages, and invited us to 
enter his hut. I was the first white man whom 
these savages had seen, and for that reason was the 
object of their child-like curiosity. They were cele- 
brating a feast of the full moon, and offered us their 
dishes of human flesh of Indians, called Huitotes, 
the enemies of the Mirafias, who had been made 
prisoners. 

" Through the interpreter we asked Chua — who 
from that date on was our friend, and always re- 
mained faithful, carrying his affection so far as to 
take my name, calling himself thenceforward Ra- 
fael Chua — to give us canoes, provisions and some 
Indians, to continue our trip toward the Amazon 
river. The generous Indian promised to give us all 
that we might need. 

"We took leave of our companions, the Mocoas, 
and remained as the guests of the Mirafias. 

"We remained among them 15 days, during 
which time we accompanied them on their hunting 
and fishing expeditions. After this, Chua gave us 
a large canoe and ten robust young men as a crew, 
to continue our trip to the Amazon. 

" On a beautiful morning, we bid good-bye to 
our friend Chua, and put out in our canoe on the 
waters of the Putumayo, which in those parts has 
a width of more than 900 yards and is 10 feet deep. 
There were yet 600 miles before reaching the Am- 
azon river. In all this distance the river is naviga- 



262 History of The Second Pan-American Congress 

ble at all times for steamers of a draft of nine feet. 
The forests which cover its shores abound with the 
same vegetation as those we had previously tra- 
versed. We visited and made friends with the can- 
nibal tribes of the Huitotes, Benecio, Orejones, Car- 
ijones, Caraparana and Campulla. All these received 
us and treated us with kindness and generosity. We 
must acknowledge that, during ten years, in which 
we made explorations on the Putumayo, on the Am- 
azon, and its other tributaries, we were never threat- 
ened nor attacked by the savages, which unfortu- 
nately was not the case with our younger brother, 
Nestor, who was devoured by the cannibals of Pu- 
tumayo, and thus paid with his life, in the bloom 
of youth, his love for work, for knowledge, and for 
the progress of America. 

" We spent two months in descending the lower 
part of the river, because we delayed making ex- 
plorations ashore, and remained some days visiting 
the different tribes. These speak the Siona lan- 
guage, and the number of individuals of which they 
are composed, according to the information we re- 
ceived, is over 60,000. These tribes live in contin- 
ual warfare with one another, so as to take prison- 
ers for their festivals, and also to sell them to the 
merchants ascending the Putumayo some 200 miles 
from the Amazon, and who, in exchange, give them 
alcohol, tobacco, strings of glass beads, mirrors and 
other trifles. During the time in which I visited 
that region with my brothers we destroyed this bar- 



History of The Second Pan-American Congress 263 

barous trade, putting those traders in human flesh 
in prison, and delivering them afterwards to the 
Brazilian authorities, which always dealt out to 
them a merited punishment. 

" The most troublesome part of this, our first ex- 
ploration, was not the heat of 45 degrees centi- 
grade, which we had to stand without any shade, 
as the canoe was an open one, and under the burn- 
ing sun; nor the fatigue of rowing all day as much 
as the Indians, nor the poor and scant food, nor the 
dangers wliich we incurred in the midst of those 
cannibals. It consisted in the nights which we had 
to pass on the immense river-banks, on burning 
sands, parched by the sun during the day time, in 
which we had to dig a sort of a grave, in which to 
bury ourselves, leaving only the nose uncovered, 
as the Indians were in the habit of doing, in order 
to protect ourselves against the bites of the mosqui- 
toes, which exist in such an abundance that it may 
be said that the atmosphere is thick with them, and 
to such an extent do they fill and obscure it, that, 
on clapping the hands together, there remains be- 
tween them a solid mass of mosquitoes. With the 
first dawn of the morning, the mosquitoes disap- 
peared, and we emerged from our graves, which 
had served as improvised dormitories, and in which 
we had lain naked, covered only with a mixture of 
sand and sweat, which became hardened on our 
skins with the cold of the mornings, and jumped 
into the river to free us through its waters of this 



264 History of The Second Pan-American Congress 

heavy and disgusting covering, and put on the scant 
and tattered clothes which yet remained by us. We 
sailed during all the hours of daylight, and only 
stopped for the purpose of hunting and fishing to 
supply our food necessities, and at night we pre- 
pared that which we had procured during the day. 

"Such was our life during the two months which 
we spent on the Putumayo, and which seemed to us 
an eternity; we suffered the same fatigues as our 
savage companions, not only in the management of 
our little and fragile canoe, but also in hunting, fish- 
ing and in the expeditions which we made afoot, 
and it is our conviction that it was this circumstance 
which gained us the affection and the respect of the 
savages, who recognize no other superiority than 
that of strength. 

" At last, after great fatigues, after traversing the 
Cordillera and going either on foot or in the canoe 
over the fourteen hundred miles of the Putumayo 
river, we arrived at the Amazon river. Our efforts 
had been crowned with complete success, having 
pursued the object which induced us to undertake 
this expedition, which was nothing less than to dis- 
cover a river navigable for steamers which would 
form a communication between Colombia and the 
Amazon river. 

" Similar explorations of the same laborious char- 
acter as that which we have just described we sub- 
sequently made during several years, with our 
brothers, Henry and Nestor, on the rivers Caqueta, 



History of The Second Pan-American Congress 265 

Napo, Ucayali, Yabari, Yurua, etc., and others, 
which are marked on the map which I hand you 
herewith. 

" My brother, Henry, died of malignant fever, 
while exploring the Yabari river, and the Peruvians 
erected him a sumptuous mausoleum in the ceme- 
tery of Iquitos. 

" Nestor, my younger brother, was lost while ex- 
ploring the forests of Putumayo, where, as stated 
before, he was devoured by the savages. We could 
only recover his bones, which I was able to unite 
with the remains of my brother, Henry, and car- 
ried them to Bogota, the Capital City of Colombia, 
where they now rest, deposited in the Cathedral. 

"May it be permitted to me, Mr. President, to 
convert myself for a moment into a herald of his- 
toric justice, and, leaving aside the considerations 
of the ties of consanguinity, to consecrate here, be- 
fore you, a remembrance of admiration to those two 
heroes of labor and of the civilization of the Amer- 
ican Continent?" 

The speaker then concluded with a brief review of 
the 'climate, agricultural products, mineral wealth, 
natives and the general topography. In reference 
to waterway communications, he said: 

" I must call the attention of the Conference to 
the very important fact that the Inter-Continental 
Railway line, which will cross South America, could 
easily, by means of some branches, be connected 
with the immense system of river communications 



26ft History of The Second Pan-American Congress 

formed by the Amazon and its tributaries, on which 
trans-Atlantic steamships can navigate for three 
thousand miles, and river boats, like those of the 
Mississippi for thirteen thousand miles, which 
makes a river navigation .of sixteen thousand miles, 
through a territory of virgin soil, and in which all 
kinds of mineral and agricultural resources are 
abundant. These rivers run through the territory of 
all the South American countries, with the excep- 
tion of Chile, in such a manner that they are, or can 
be, communicated with each other by means of river 
navigation. 

" During several years I explored in company 
with my brothers, Enrique and Nestor, who per- 
ished in that work, the Amazon river and the greater 
part of its affluents; we discovered some unknown 
rivers; we established steam navigation with others; 
we communicated by means of overland routes, the 
river navigation with the towns on the Andes (from 
the river Putumayo to Pasto). In many of the riv- 
ers, which at that time were unknown, to-day there 
are hundreds of steamers, which carry industries and 
civilization to the virgin forests where the savage 
cannibal wandered formerly. The exportation 
which is today made by those rivers, only of rub- 
ber (caucho), which grows wild in the forests, is 
worth more than twenty million dollars in gold. In 
those forests there grows in abundance the wild 
cocoa, which is now exported in considerable quan- 
tity, and all classes of fine woods and medicinal 



History of The Second Pan-American Congress 267 

plants are also abundant. Game of all kinds is 
found; in its waters Professor Agassiz classified 
more than five hundred species of fish, which form 
a very important trade. 

" The extension of the territory that these rivers 
irrigate is more than 4,000,000 square miles, which 
are still to-day virgin soil, and which are offered to 
commerce and to human industry." 

In the printed report of this speech, and attached 
to the minutes of the same day, a detailed statement 
of the navigable rivers is made, showing that there 
are approximately fifteen thousand miles suitable 
for steam navigation, three thousand for ocean 
steamers, and twelve thousand for river boats, such 
as are used on the Mississippi. 

General Reyes then suggested to the Congress 
that he thought it would be proper to ask the dif- 
ferent Governments: 

"1. That they declare the navigation of said riv- 
ers free for all the flags of the world, subject to the 
provisions of the custom-house regulations of each 
country; and 

"2. That they assist the enterprise of the Inter- 
Continental Railway, with liberal grants of the va- 
cant lands and mines of the region referred to, which 
in their larger part are entirely unknown at the 
present time, and consequently are without any 
value. 

" This, Mr. President," concluded he, " is the work 
which in the name of the delegation of Colombia, I 



268 History of The Second Pan-American Congress 

respectfully offer to the Conference which is en- 
gaged in the consideration of the destinies of Am- 
erica; it has no other merit than that of the con- 
stancy with which it was realized, of the personal 
disinterestedness and the ardent desire to further the 
welfare and progress of our Continent." 

At the conclusion of his remarks, General Reyes 
was vigorously applauded, and many of the Dele- 
gates went over to his desk and shook his hand. 

Mr. Davis, of the United States, heartily congrat- 
ulated him, and thanked him for the important in- 
formation he had given in conjunction with the Pan- 
American Railway. 

The Chair then ruled that it seemed advisable to 
appoint a special committee to consider this very 
important report. The Hon Delegates Augusto 
Matte, Alfredo Chavero, William I. Buchanan, M. 
Alvarez Calderon, Lorenzo Anadon, M. M. Galavis, 
Luis F. Carbo, Juan Cuestas, Cecilio Baez, Fer- 
nando E. Guachalla and Rafael Reyes were named 
as a special committee. General Reyes demurred 
somewhat from accepting this appointment, as it was 
to consider his own work, but later consented, it 
being explained to him that it was the desire of the 
majority that all countries directly interested in this 
work should have a representation on the commit- 
tee, he being the only Delegate of Colombia at the 
moment. 

On January, 30, 1902, at the thirty-eighth session, 
the above special committee reported that the dele- 



History of The Second Pan-American Congress 269 

gations from Argentine, Bolivia, Colombia, Ecua- 
dor, Peru, Paraguay and Uruguay had signed a con- 
vention for the holding of a Geographical Congress 
at Rio Janeiro, whose principal object will be to 
consider the communication of the three great South 
American hydrographic river basins, the meeting to 
be held within a year. " The Government of the 
Argentine Republic is entrusted with the mission 
of negotiating with the Government of Brazil for 
its consent and co-operation, which are necessary in 
order to hold said Conference." 

The report of the committee proper reviews at 
great length the valuable work of the Reyes broth- 
ers. After referring to the exploration of the river 
Putumayo, it states: 

" Messrs. Reyes ascended that river, first in ca- 
noes, and later took steamers along its whole course, 
turning over in that manner to civilization and com- 
merce a vast zone, full of natural wealth of all 
classes. Had they done nothing else, that work it- 
self would prove to be sufficient to entitle them to 
high encomium." 

The committee further made mention of the fact 
that it was informed that a publication on a large 
scale would be issued, to contain the most complete 
data of the fluvial regions of South America and its 
natural products, which they believed would be of 
great value in assisting the riparian nations to es- 
tablish enlarged interior navigation. The following 
resolution was unanimously passed: 



270 History of The Second Pan-American Congress 

"First. To give a vote of thanks to General Reyes 
for his explorations; 

" Second. To recommend to the Governments in- 
terested to protect and make known in every possi- 
ble manner the aforesaid^ geographical publication." 

A further resolution was approved in the same 
fashion to the effect that, the Delegates who accept 
this proposal shall dedicate to the explorers, Nestor 
and Enrique Reyes, a memorial tablet, which is to 
be laid on their grave with the following inscrip- 
tion : 

" The Delegates to the Second American Con- 
ference, assembled in Mexico, in 1901-1902, to Nes- 
tor and Enrique Reyes, who died serving the civi- 
lization of America." 

"2d. That the Government of Colombia deign to 
accept the request to lay said tablet." 

General Reyes, deeply moved by these tributes to 
the " glorious dead," expressed his gratitude to the 
Congress. He believed that the projected meeting 
at Rio Janeiro would have a most important task 
to consider, and not a chimera. The time had 
come to earnestly study the communication of 
the three great hydrographic basins of South Am- 
erica, which when done will be of practical effective 
commercial benefit to the majority of the South 
American, nations, and to all indirectly. 



History of The Second Pan-American Congress 271 
CHAPTER XXIX. 

THE CLOSING SESSION. 

The formal closing of the meetings of the Con- 
gress took place on the afternoon of the 31st of 
January, 1902. At this occasion the families of the 
Delegates and their friends were permitted within 
the hitherto sacred precincts of the Hall of Sessions, 
as a graceful compliment to the faithful helpmates 
of the Delegates, many of whom had been capable 
assistants, and deeply interested both in the per- 
sonal triumphs of their husbands and in the final 
success of the Congress. Chairs were placed along 
the aisles and in every nook and corner. The hall 
soon filled with a gay, expectant and somewhat awe- 
struck audience, impressed with the solemnity of 
the occasion. 

After the reading of the minutes of the previous 
day's session, Mr. Alvarez Calderon moved that " a 
vote of thanks be tendered to the national and for- 
eign press for the interest which it has manifested in 
the work of the Conference, having thus acted as the 
interpreter of its sentiments with the American Gov- 
ernments and the entire world." This motion was 
taken into immediate consideration, and unanimous- 
ly approved. 

A congratulatory cable was read from Secretary 
of State John Hay, directed to Mr. William I. Bu- 
chanan, saying: 



272 History of The Second Pan-American Congress 

"Please express to the President and members 
of the Conference and to the Mexican Government 
the gratification of the Government of the United 
States that the Conference has manifested so marked 
a spirit of friendly co-operation for the well-being 
of the American republics, and offer congratulations 
for the successful results of its efforts. — (Signed) 

" John Hay." 

The Chair ordered that the said cable be trans- 
mitted to the Department of Foreign Affairs of 
Mexico, and that the following cable be sent to Mr. 
John Hay : 

" To Hon. John Hay, Secretary of State, Washington, 

D.C. 

"The Conference is cordially thankful for the 
congratulations of the United States Government, 
and is pleased to acknowledge the important co- 
operation of the American delegation in securing 
the successful termination of the Conference. — 
(Signed) Genaro Raigosa." 

Following this, Mr. Ignacio Mariscal, Secretary 
of State of Mexico, was escorted to the chair. He 
addressed the Delegates, and said, in part: 

"Messrs. Delegates: Overcoming the most serious 
difficulties and belying the dismal prophecies of pes- 
simists or secret enemies, you have successfully 
reached the goal of your labors, and throughout 
your discussions and in all your acts, notwithstand- 



History of The Second Pan-American Congress 273 

ing the contrariety of your views and aspirations on 
given subjects you have displayed the distinguished 
courtesy that was to be expected from the chosen 
representatives of the Governments of America. 
Without sacrificing the varying interests of your re- 
spective nations, you have succeeded in finding the 
points as to which an agreement was possible, while 
other points have been touched by you without in- 
temperate harshness or offensive allusions, which if 
they ever rose to the surface of your debates, were 
straightway nobly repaired or deferentially ex- 
plained away. Receive on this account the cordial 
felicitations of the Mexican Government. 

" But more than this you have done. For reasons 
still more momentous you deserve the congratula- 
tions, not only of the Mexican Government, but of 
all lovers of moral progress and justice. You have 
advanced, in practice, the great principle of arbitra- 
tion, of the peaceful and rational solution of interna- 
tional controversies, so as to render less frequent the 
barbarous appeal to force, which, sanctioned in the 
middle ages by the name of 'the judgment of God' 
as a means of settling disputes between individuals, 
though now repudiated in the most enlightened na- 
tions as immoral and absurd, still, unfortunately, 
continues to be the recognized method of deciding 
the quarrels of nations. And one of the worst ef- 
fects of this aberration is that even nations that are 
lovers of peace and justice find themselves under 
the unavoidable necessity of also holding themselves 

18 



274 History of The Second Pan- American Congress 

in readiness for an armed conflict, by virtue of their 
unquestioned right to resist and repel force by 
force." 

The distinguished speaker then briefly reviewed 
the work of the Congress, mentioning the measures 
approved, and closed this able address as follows: 

" History, gentlemen, will do justice to the inten- 
tions of each one of the Delegates assembled in this 
memorable Conference. It will also assign its just 
value to the policies of the several Governments 
which entrusted you with their representation, and 
to the instructions by which your conduct was guid- 
ed. The accounts, that have been and will continue 
to be published in regard to you, with a fullness 
characteristic of our times, will place at the disposal 
of history the necessary factors for uttering her ir- 
revocable verdict. For the time being, our duty is 
but to respect the independent volition of each Gov- 
ernment, and to recognize that its decisions have 
been inspired by the great national interests of 
w T hich it is the guardian, and of which it, and it 
alone, is the judge. 

" Let us congratulate ourselves on the fact that 
this Conference, in spite of its extremely delicate 
mission, has given rise to no conflicts in the true 
sense of the word. If at times, its debates were 
heated, if threatening clouds at moments darkened 
your horizon, they w r ere soon dispelled by the po- 
tent influence of reason to which you have all done 
homage, and now your labors have come to an end 



History of The Second Pan-American Congress 275 

in the midst of serenity and peace; nay even of ef- 
fusiveness, taking shape in acts of justice, as are the 
tributes, you have paid to persons of unquestioned 
merit, or to South American heroes, who have sac- 
rificed their ease to their love of science and coun- 
try, and of whom one, the sole survivor, is now in 
our midst. We may well say with the English poet, 
' All's well that ends well/ 

' The Mexican Government experiences the sin- 
cerest satisfaction on that account. Devoid of sel- 
fish interests, with no other object or aspiration than 
the success of the great aims of the Conference and 
the increased welfare and honor of the nations of 
America, it has labored assiduously, through its del- 
egation, to bring about an agreement among the en- 
lightened members of this assembly as to the prin- 
cipal questions discussed. In the end, that agree- 
ment, as far as was practicable, was attained, and it 
produced at once the most gratifying results. Mex- 
ico feels satisfied, for she had sought no other re- 
ward for her efforts. 

"And now, Messrs. Delegates, that you are on 
the point of departing from this city and from the 
territory of the republic, allow me, in conclusion, 
to express a wish that comes from my heart and 
rises spontaneously to my lips: It is that when you 
return to your homes, when you tread once more 
your native soil to enjoy the felicity to which your 
merits entitle you, you will entertain toward Mex- 
ico a memory as kindly and fraternal as she will 



276 History of The Second Pan-American Congress 

preserve of you. And may the souvenir thus 
evoked, mingling with your realization of the aims 
for which this Conference was convened, serve to 
confirm and strengthen your love of peace, frater- 
nity and justice, and may those sentiments, placed 
at the service of your several nations, guide their 
policies, making them happy in themselves and 
happy in the reflected happiness of all their sister 
republics, whether great or small."* 

Then, after a momentary pause, the speaker said: 
"In the name of the President of the United States 
of Mexico, I hereby declare the sessions of the sec- 
ond period of the Second International Conference 
as closed." 

The Congress was no more; the work done. It 
seemed like bidding farewell to an old friend for- 
ever. No more should we hear the musical speech 
of the secretaries reading those enlivening minutes, 
nor the guiding voice of the Chair; nor strain our 
aural organs to hear Bermejo's low tones, telling us 
all about international law. The impassioned plead- 
ing and the torrents of eloquence from the mouth 
of Walker Martinez would never be heard in this 
hall again, and the calm, judicial words of Blest 
Gana, Alzamora, Buchanan, Lazo Arriaga, Calvo, 
Bello and Leonard, weighted and always inter- 
esting, may not be heard again in these Congresses. 
The solid and practical reasoning of Matte, Davis, 
Pepper and Reyes are to be but a pleasant and in- 
structive memory. What will become of the tear- 

*From the official minutes. 



History of The Second Pan-American Congress 277 

ful and insinuating eloquence of Foster, in contrast 
to the vigorous and impressive words of Barrett? 
Where will Carbo take his happy inspirations for 
most thoughtful and appropriate resolutions? Who 
were better able to find flaws than our great object- 
ors Leger and Guachalla, the watchdogs of the Con- 
gress. I fear this General Reyes will not tell us 
again, in that hall, of daring explorations, nor rouse 
our interest in the great waterways of South Amer- 
ica. I don't think that Baez will ever have the op- 
portunity of being instigated to give another so- 
called literary essay on arbitration. We shall miss 
the masterly executive ability and erudition of Cas- 
asus, as well as the Tabascan humor of Sanchez 
Marmol; the archaeological learning of Chavero; 
the keen reasoning of Macedo, or the sound law of 
de la Barra and Pineda. I gave a last look at the 
place where a handful of earnest men had been dis- 
cussing questions of such vital interest to future 
generations. Will they be able to grasp the diffi- 
culties incurred in providing legislation for the 
present and the distant future? Do we realize the 
efforts of our forefathers to provide for our present 
well being? But, as Mariscal said, in his closing 
remarks : 

" For to undertake great and difficult things, to 
strive bravely for their realization; nay, even to 
have earnestly desired them, are in themselves just 
claims to commendation. " 

"IN MAGNIS ET VOLUISSE SAT EST." 



I 



NOTES 



ON THE 



REPUBLIC OF MEXICO 



NOTES ON THE REPUBLIC OF MEXICO. 

MODERN MEXICO. 

On returning from Mexico, I was bombarded by 
a series of armor-piercing missiles in the form of 
numerous keen inquiries concerning that country, 
such as only a Yankee or a Wu can propound. 

To answer these to the best of my ability, I have 
attached to this Review of the Congress a few 
notes of the land wherein that meeting was held, 
waving aside all satistics and data, to be found in 
any work of reference. 

PEOPLE AND CUSTOMS. 

I found the Mexicans a courteous and consider- 
ate people, proud, patriotic and sad. The last trait 
is particularly noticeable to the visitor who knows 
anything of the various Latin-American countries 
and their inhabitants. While the negro sings the 
Indian is silent, and there being a great deal of the 
latter race in the composite of the Mexican of to- 
day, and no negro, we note a sad and silent people, 
expansive only among intimate friends, or "en el 
color del ho gar " (" in the warmth of the home "). 
In the cities, pueblos, or fields, one hears no joyous 
song, no light-hearted melody like the barcarolle of 
a Venetian gondolier, or the quaint minors of the 
cotton-picking darkies, or the negroes in the Cuban 



282 Notes on the Republic of Mexico 

sugar-fields. This national trait has its exceptions, 
and varies in accordance with the degree of culture; 
for the Mexican military bands have a worldwide 
reputation, and the cultiyated musical taste of the 
higher classes is a matter of renown. I mention 
this, however, as one of the chief characteristics of 
the Mexicans as a people. I have talked with Mex- 
icans on the subject, many of whom are of the be- 
lief that steps should be taken to create a popular 
taste for song. In talking with Urbina, the poet 
and musical critic of El Impartial, who is proud of 
his marked Indian characteristics, the truth of my 
observations was confirmed. 

The heterogeneous elements composing the Mex- 
ican of today make it nearly impossible to outline 
his traits with precision. Anything that may be 
said of his character or temperament is subject to 
numerous exceptions. There is but one absolute 
and undeniable fact that is to everyone apparent, 
namely, that the Mexican of today belongs to that 
great race broadly known as the Latin. When he 
is not an Indian, pure and simple, he is a Euro- 
pean. His religion, his conduct of business or pleas- 
ure, his food, his clothes, and manners, all bespeak 
the trend of his mind and the inclination of his 
heart. Of course, the Spanish conquerors left their 
indelible impress, to be found chiefly in the present 
laws and general customs of the land; but the Mex- 
ican above the peon, or laboring, class is not merely 
a transplanted type of Spaniard; he is more than 



Notes on the Republic of Mexico 283 

that; he is a Latin. By this word we distinguish 
him clearly from his brother of the North, who is 
somewhat vaguely classed as an Anglo-Saxon. So- 
ciologists tell us that these distinctions are not sci- 
entific, and that such sharp lines are impossible; 
but the traveler and observer must note on this side 
of the Atlantic the positive existence of those two 
widely different civilizations. 

As man is subservient to climatic conditions, and 
influenced by his surroundings, so does the Mexi- 
can peon, living in a land where every climate ex- 
ists, exhibit different traits and degrees of intelli- 
gence and culture. In general, he is patient, indus- 
trious and stoical; not very ambitious, nor fearful 
of the morrow, and, like his ancestors, has an Ori- 
ental indifference to physical pain. He lives chiefly 
on corn, plantains and fruits. Meat is a luxury, 
and his drink is either pulque or mescal. In many 
regions of Mexico he has been found to be an apt 
pupil in the handling of machinery for various uses, 
and, while he readily learns how to use modern 
tools, he manifests a lingering affection for the 
obsolete methods of his forefathers. 

Broadly speaking, unskilled labor is cheap and 
plentiful, though there have been specific instances 
when it has been found necessary to import this 
class of toilers from other lands. The average daily 
wage is about 25 cents silver. This statement 
should serve as a warning for ambitious, but mis- 
guided citizens of the United States, who will drift 



884 Notes on the Republic of Mexico 

into Mexico, feeling that, as a last resort, should 

fortune not smile upon them, they can get a ';:'-' 
somehow. With skilled labor it is somewhat differ- 
ent, and, while there is a considerable demand at 
times, especially in the northern part of the coun- 
try, for this class, the native wage is surely no 
temptation to a foreigner. 

There is no middle class in Mexico worthy of 
mention. Tha: species describe: :: us by historians 
and political demagogues as " the sturdy class :rc:ct 
which springs the wealth of the nations," is hard to 
find. There are the usual legrees of wealth, social 
s:a:iding a:: 1 [ : sition among the higher classes ; : : 
in making a study of Mexican social conditions we 
can only recognize twc clashes — the ' ~; <::-: :::: ::■:, 
which does not admit :: literal translation, mean- 
ing, however, the cultivated perple. ana the ;e::ts. 
It is hardly necessary tc explain this apparent phe- 
nomenon if the con:i::::t5 which governed the evo- 
lution of Mexico from a Spanish dependency into a 
free country are taken into account. Then existed 
only the ruling classes and the toilers, descendants 
of a conquered and enslaved race. When national 
freedom came it did not mean an unrestricted dem- 
ocracy, for the many revolutions tit at followed the 
acquisition of independence were not generally the 
outburst of a people longing ::r imaginary individ- 
ual rights, but, rather, the quarrels :: ambitious 
chieftains, craving power and riches. The apathetic 
and stoical nature : : lid not lead him to 




SNAPSHOT OF PRESIDENT DIAZ 



Photo bv the Author 



Xotes on the Republic of Mexico 285 

take a very great interest in the social revolution 
which at the time was occurring in the other eman- 
cipated Spanish colonies. He stayed on the ha- 
cienda, served and fought for his "patron/" as his 
forefathers had done before him. 

Since Mexico has been blessed by the firm and 
enlightened government of Diaz, the "good" Dicta- 
tor, as I have heard him called often by his coun- 
trymen, primary and manual instruction has been 
established in a practical fashion, and, no doubt, 
in time the masses will reach a similar degree of self- 
sufficiency to that of any other enlightened country. 
It is, indeed, best for the happiness and prosperity 
of Mexico that the social evolution shall be grad- 
ual. The educated classes are deeply interested in 
the welfare of the people, because they know that 
they are dependent upon the producing element for 
their personal well-being, as well as for the general 
prosperity of the nation. Beyond these purely sel- 
fish motives, I have always found in conversing with 
public men, that they were earnestly desirous of 
leading that great mass of laborious and patient In- 
dians into the most apt ways for the advancement 
of the latter's economic and social condition. 

The politeness of the Mexican is proverbial. The 
public man, merchant, artisan, or peon is always af- 
fable and courteous in intercourse with his fellows or 
toward strangers. It is a genuine, innate feeling, not 
to be likened to the class servility so often found in 
Europe, nor to that unctious politeness of insincerity 



286 Notes on the Republic of Mexico 

and deceit. In Mexico there is no excuse for rude- 
ness; it is never condoned, and is the worst social 
fault. Other mistakes are overlooked perhaps 
greater; but to be boorish, either in public or pri- 
vate, is a serious error, and eventually brings social 
ostracism. The niceties of social intercourse are 
highly prized. No rush of business or haste will in- 
duce the average Mexican to forget himself, and to 
neglect the appropriate greetings and salutations. 

Hospitality is another commendable trait of the 
Mexican character. One must visit the interior 
provinces in order to fully realize the cordiality and 
heartiness of the Mexican host. It is sometimes 
carried to exaggeration, with the best intentions in 
the world, and the stranger, especially if he be a 
blunt Yankee, is liable to give offense by neglect- 
ing some point of etiquette of, to him, trifling im- 
portance. However, Mexicans are fast understand- 
ing the ethics of our own code of colorless man- 
ners, realizing that their very awkwardness vouches 
for their sincerity. 

The family ties in Mexico are very strong. The 
generous disposition, pride and traditions, as well 
as his religion, leads the native of all social grades 
to provide to the best of his ability for those rela- 
tives upon whom Dame Fortune may not have 
smiled. It is no unusual thing to see numerous rel- 
atives sheltered beneath the ample roof and shar- 
ing the board of the most prosperous of them, al- 
though he, perhaps, may be struggling nobly, and 



Notes on the Republic of Mexico 287 

forsaking the possible accumulation of wealth, to 
follow the dictates of his heart and the teachings of 
his church. Many of those he shelters have often 
but small claim upon him, and sometimes abuse his 
goodness. 

In Mexico, as in all the Latin-American coun- 
tries, the old patriarchal fashion is still maintained 
in the home life. Often several generations live 
peaceably under one roof, constituting a most happy 
family. The elders are consulted upon all import- 
ant family matters, and treated with reverential af- 
fection. It is touching to see the children and even 
the grown folks kneel before the venerable grand- 
parents and ask for the daily blessing. What a les- 
son for us! And yet we are told that there is no 
word in any foreign tongue that corresponds to our 
word "home." Have we many such homes? Let 
us recall the missionaries from barbaric lands, and 
send them to Mexico for the study of an object- 
lesson of the vital principles of human happiness 
and true Christian doctrine. 

Another very noticeable feature of the Mexican 
character is the good faith in business transactions. 
They may be versed in all those tricks which are 
the weapons of offense and defense in our w r ell-reg- 
ulated game of securing from each other what we 
can of this world's goods, or to drive a hard bar- 
gain; but their pledged word is, as a rule, sacred. 
This refers especially to the better classes. As to 
the peon his standard of business honesty has very 



288 Notes on the Republic of Mexico 

little chance of exhibition on account of his depend- 
ence upon a daily wage. 

The advent of many strangers and the foreign 
commercial invasions have made many changes in 
Old Mexico. The whistle of the locomotive, which 
followed the daring American railroader in his long 
trail through the deserts of Northern Mexico to 
reach more fertile lands, has frightened the burro 
trains and awakened the nation from the sleep of 
centuries. The " diligencias" do not depart now from 
the patio of the Hotel Iturbide, and the historic 
bandits that held them up are gone to the long sleep. 
It cannot be regretted, for, though the dreamer may 
sigh, and the artist and writer complain of lack of 
"local color," the people are being benefited in 
many ways, materially and morally. 

The Mexican Herald, however, draws a most vivid 
pen picture of these bygone days, casting a regret- 
ful look which appeals strongly to the imagination. 
It says: 

The Charm of Old Mexico. 

"To most of us, grinding and toiling in the huge 
factory which an imperfect civilization calls a palace 
of progress, in reality an edifice resounding with 
the clank of machinery, the irksome tinkling of tele- 
phone bells, and the racket of typewriters, it seems 
almost incredible that there really does exist a fairer 
and more delightful world outside, that great, sunny, 
cheerful Mexico, which, as time goes on and the 
din and hurry augment, recedes before our mental 
gaze. 



Notes on the Republic of Mexico 289 

"Not so many years ago, this ancient city was 
filled with something of the charm of the Middle 
Ages; no one hurried, life had a broad margin of 
leisure; all had ' time ' to gather the flower of pleas- 
ure by the roadside of existence. True, our streets 
were badly paved, the drainage was most unscien- 
tific, mails were not any too punctual, and to go far 
from the Capital involved journeys somewhat peril- 
ous, and always romantic. 

"To find that lost charm one must now visit the 
interior cities, and, above all, the smaller ones, 
where Mexico holds still to the pleasant ways and 
the unhasting pace which are so in contrast with 
the rapid commercialism of these new times. Old 
foreign residents of this city will, almost to a man, 
tell you that while there is vastly more 'business/ 
more security, better furniture, and more people 
wearing modern clothes, that, somehow, something 
has departed, a something that made life very agree- 
able. 

"What has been lost is the characteristic features 
of Moro-Spanish civilization, a ripened product, ma- 
ture with long centuries of formation. The apostles 
of progress, wearing knitted brows, their eyes al- 
ways peering into some future of calculation, will 
deride all this as 'rubbish'/ But they are wrong; we 
have gained many doubtful things; we move faster; 
life has more pressing occupations; there is a grow- 
ing hurry, much more social show, but far less en- 
joyment. 

19 



290 Notes on the Republic of Mexico 

"The Old Mexico was comfortable, enchanting; 
under the arcades of the cities one felt the charm 
of Spain — vast and sunlit plazas where people idly 
talked; great stone mansions, with balconies haunt- 
ed by las damas, an air* of careless leisure, happi- 
ness and dolce far niente. For all these things one 
must now go into the remoter towns. They, too, 
are menaced by the crashing car of progress; the 
clangor of its harsh gong is heard as it advances, 
and people are told to make ready for the great 
change which is to efface all that is characteristically 
Mexican. We are to be transformed, made nervous, 
pushed into the dollar-chase, and all things are to 
be tested by the standard, 'Does this pay?' 

"The hurrying crowd will eventually be tamed; 
the climate, the sun which is the master-magician, 
will make over the new conquistadores. They will 
have to submit to nature, and, warned by formida- 
ble nervous diseases, consent to relax. The specta- 
cle of cities like Chicago and New York, where mil- 
lions of the unsuccessful find the game of competi- 
tion hateful, is not encouraging. It is not the sort 
of civilization which suits these southern lands. It 
cannot long endure when transplanted here. 

"So there is hope that what is essential to happi- 
ness in these lands will be saved; that the new Goths 
and Vandals will be subdued, will feel the spell of 
an old civilization, and consent to be happy as men 
should be in a world where nothing good lasts too 
long/' 



Notes on the Republic of Mexico 291 

THE GOVERNMENT. 

That Mexico is well and ably governed is a mat- 
ter of public knowledge. The press of the United 
States has often referred to her peace and pros- 
perity, and to the admirable manner in which the 
resources of the country have been developed dur- 
ing recent years. For this two logical reasons have 
been given. One is the strong guiding hand of 
Diaz, and the other is that the people are too busily 
engaged in commercial pursuits to think of revolu- 
tions, which are generally born amid dissatisfaction 
and financial depression. The second reason is de- 
pendent on the first, and, therefore, the real cause 
of Mexico's peace is due to the powerful brain and 
will-power of Porfirio Diaz, and to the ability of the 
men he has surrounded himself with. Forceful, and 
at times arbitrary, by necessity, he has accomplished 
his purpose to the benefit of his country, and the 
verdict of the world has been "Well done." The 
life history of Diaz is known to every schoolboy, 
and the result of his work familiar to all. 

He followed the noble work of Juarez, who with 
his reform laws forever separated church and state, 
and of others, and he accomplished what had been 
their ideal, and taking as his foundation a vast and 
rich land, with a leaderless and apathetic people, liv- 
ing in the traditions of the past, and struggling for 
years in the mire of petty strife, he moulded a great 
nation. Defeating the enemies of peace and prog- 
ress, he selected the ablest men he knew, without 



292 Notes on the Republic of Mexico 

consideration of political parties, and bade them join 
him in the work of the country's regeneration. With 
them and with his victorious and faithful compan- 
ions, he labored for many years to revive the national 
life and restore its credit abroad. 

The appearance of Mexico's President is in har- 
mony with his work. The poise of his head, the 
commanding look, the strong features and the res- 
onant voice proclaim him a man of action. His vig- 
orous and convincing delivery of speech; his terse 
and always appropriate words, and all his public 
acts show that he is a statesman as well as a soldier. 

It is difficult to believe that Diaz is over seventy 
years old. He today takes as much interest in the 
public business as he has done for years, and works 
harder than many of his subordinates. We can only 
wish that there were more like he among our south- 
ern neighbors; such beneficial dictatorship would be 
a blessing. 

Three other prominent Mexicans — Mariscal, Li- 
mantour and Reyes — have especially distinguished 
themselves in the awakening of the nation. 

Senor Ignacio Mariscal, Secretary of State and 
of Foreign Affairs, is a statesman of worldwide rep- 
utation and a famous scholar. He has for many 
years guided the sometimes stormy diplomatic inter- 
course with other nations. One of the signers of 
the Mexican Constitution which is in vigor today, 
he fought with Juarez, and when peace was restored 
entered upon a long and brilliant diplomatic career. 




HON. JOSE IVES LIMANTOUR, 
MEXICAN MINISTER OF FINANCE. 



Notes on the Republic of Mexico 293 

During the French occupation he was Charge cT Af- 
faires at Washington. For the last twenty years he 
has been at the head of the Foreign Office, and has, 
among many noteworthy acts, established renewed 
friendly relations with France, England and Austria. 

Senor Jose Ives Limantour, the present Minister 
of Finance, is one of the creators of Mexico's pros- 
perous condition. A master of political economy, 
he refunded various debts at a lower interest, and 
has established a splendid credit abroad. He has 
not only earned the gratitude of his countrymen for 
having increased their worldly possessions, but also 
that of the heretofore long-suffering bondholders 
abroad. He modified and reformed the national 
budget, and, notwithstanding the silver crisis, he has 
been able of recent years to obtain a surplus of sev- 
eral millions. It is reported that he will succeed to 
the Presidency. 

General Bernardo Reyes, Minister of War, is, 
perhaps, after Diaz, the ablest military leader and 
organizer in Mexico. The latter recognized his tal- 
ents in the science of war, and made him his mili- 
tary right hand. In collaboration with his chief, 
Reyes has instituted important reforms in both 
branches of the service. Of late years he has often 
been mentioned as one of the candidates for the 
Presidency, when Diaz should decide to retire. 

On this subject, however, the authoritative Mod- 
ern Mexico says in its issue of April, 1902: 

"It is not often that there is news of Mexican high 



294 Notes on the Republic of Mexico 

politics worthy of serious discussion. General 
Diaz's policy of 'little politics and much adminis- 
tration' has often been so consistently carried out 
in this country for the last "quarter of a century that 
the country at large has been content to devote itself 
to matters of material progress. The recent a^ 
nouncement from General Reyes, the present Min- 
ister of War, in the Diaz Cabinet, that he would be 
an active supporter of Secretary Limantour, who 
holds the Treasury portfolio, in case of the retire- 
ment of President Diaz, is a matter for sincere con- 
gratulation among all people and interests that de- 
sire to see the present conditions in Mexico con- 
tinue uninterrupted. It has long been generally 
conceded that the choice of a successor to the pres- 
ent illustrious warrior-statesman, who has so suc- 
cessfully shaped the destinies of Mexico, would fall 
between these two men. The Government of Mex- 
ico was for such a great period practically a mili- 
tary government, and the masses of the people are 
still so far removed from a stage of enlightenment 
that would admit of their fully appreciating repub- 
lican institutions, that the continued need of a strong 
military man in the seat of power has often been ar- 
gued. Thus it has been that there have quietly 
grown during recent years two more or less clearly 
defined parties in Mexico — those favoring the suc- 
cession of Limantour, in case of the retirement of 
President Diaz, and the other supporting General 
Reyes. Both men have rendered their country con- 




GENERAL BERNARDO REYES 

MEXICAN MINISTER OF WAR. 



Photos by Schlattman Bros.. Mexico City. 



Notes on the Republic of Mexico 295 

spicuous services in different lines. The patriotic 
decision of the Minister of War shown in the an- 
nouncement that his influence and support will be 
given in favor of Secretary Limantour for the next 
President of Mexico amounts to an assurance that 
present policies will be maintained unaltered, should 
General Diaz decide to relinquish the helm. The 
succession to the Presidency of Senor Limantour, 
supported by General Reyes, would be a guarantee 
that Mexico's progress would continue without a 
break. All interests here favor the continuance of 
General Diaz at the head of the nation as long as he 
can be induced to remain there; but, realizing that, 
in the nature of things, a change must be effected 
before many years, it is very gratifying to see the 
patriotic spirit in which favorite sons of the nation 
can agree, at so early a date, upon a harmonious 
policy that will preclude all possibility of a return 
to even an approximation of the ancient days of in- 
ternal strife." 

All patriotic and far-sighted Mexicans realize the 
need of standing united on the subject of a successor 
to the President. It is conceded that the establish- 
ment of sharply-drawn political parties might lead 
to a renewal of internecine strife. Peace and a '"pa- 
ternal" Government are preferred to a utopic dem- 
ocracy, with its attendant revolutions. 

Another able Mexican statesman, very popular in 
the United States, is Senor Manuel de Azpiroz, who, 
since the death of the lamented Matias Romero, has 



296 Notes on the Republic of Mexico 

been the Mexican Ambassador at Washington. As 
a soldier under Juarez he fought the usurping 
French. A jurist, he was for some years professor 
of law at the university of his native city, Puebla; 
and as a lawyer he has been identified with a num- 
ber of important cases, notably as agent of his Gov- 
ernment before the United States and Mexican 
Mixed Claims Commission in 1872. Today he is 
rendering valuable service to his country in main- 
taining the friendly relations between the two repub- 
lics of North America. 

RESOURCES. 

Mexico as a partially developed country offers 
many chances for capital and energy in connection 
with her mineral and agricultural resources, in the 
manufacture of articles of general necessity, and the 
construction of railways and other means of trans- 
portation and communication. 

For centuries this country has been known as a 
land of great mineral wealth. As of Peru, we have 
since childhood days read wonderful tales, many 
true, of the riches that have been dug, in primitive 
fashion, out of the soil. Today there are a number 
of companies not only locating and exploiting new 
mines, but that are, by the utilization of modern me- 
chanical and chemical processes, reopening those 
long since abandoned as unproductive. 

Many millions have been invested in tropical ag- 
riculture, especially by American capitalists. Coffee, 




HON, MANUEL DE AZPIROZ. 
MEXICAN AMBASSADOR TO THE UNITED STATES, 



Photo by Prince, Washington. 



Notes on the Republic of Mexico 297 

rubber, pineapples, sugar-cane, bananas, vanilla 
beans, and other tropical products of the soil are 
now being cultivated in a scientific fashion in many 
parts of Mexico. A number of companies have been 
formed in the United States, where most of the 
shares have been disposed of. There is every pros- 
pect of success for the conservative and responsible 
concerns engaged in this business, though I cannot 
refrain from a word of warning toward several 
"wild-cat" schemes of a speculative and even fraud- 
ulent nature which are harming a legitimate indus- 
try. The prospective investor should make careful 
inquiries as to the veracity of the claims set forth 
in many an artistically printed prospectus. 

Mexico is not a manufacturing country. Of late, 
however, the ratio of silver to gold has made it feas- 
ible and profitable, when the raw material was ob- 
tainable, to manufacture at home for local consump- 
tion chiefly. To import at gold prices and to sell 
for silver placed a number of articles of primary 
need beyond average reach. 

This natural protection wall has been the cause of 
the establishment of a number of cotton mills, man- 
ufacturing principally "manta," a coarse, unbleached 
cotton fabric, which is about the only material used 
for clothing by about two-thirds of the inhabitants. 
There are over a hundred mills, large and small, giv- 
ing employment in factory and field to about fifty 
thousand families. I visited the Rio Blanco mills, 
at Orizaba. One of them is said to be the largest 



298 Notes oil the Republic of Mexico 

complete mill under one roof in the world, from 
the raw cotton to the finished printed product, and 
making the coarsest and finest goods. It is under 
the direction of an expert from Manchester, who told 
me that the native labor is very apt. In contrast to 
the workmen of other countries, they readily learn to 
operate the various different machines in the several 
departments of the establishment. 

A number of factories manufacture the "rebozo," 
an article for women, serving both as a shawl and 
scarf. Zarapes or blankets, used as cloaks by the 
men, as well as knit goods, are made in limited 
quantities. 

Several large breweries, on American lines, mak- 
ing an excellent beer, are to be found in various 
parts of Mexico. Tobacco of a very good grade is 
raised, and there are a number of large cigar and 
cigarette factories. A number of flour mills only 
partly supply the national demand, as well as several 
iron foundries, and a number of divers smaller in- 
dustries to meet local requirements. 

Though manufacturing is not yet in a highly de- 
veloped state, the imported articles of daily need 
are so exorbitant in price that in time Mexico will 
be forced to manufacture, at least for her own re- 
quirements, and this will be hastened if silver con- 
tinues in its depreciation. 

AMERICANS IN MEXICO. 

The old adage of "Distance lends enchantment, 
etc.," may be aptly used in referring to the oppor- 




INDIAN AT MODERN MACHINERY, 



Photo by the Author. 



Notes on the Republic of Mexico 299 

tunities for "Young America" in the land of Monte- 
zuma and Cortes, where "the sun shines perennially, 
life a happy dream, and riches and pleasure are 
within easy reach." Stern facts attest, however, that 
in Mexico, as elsewhere on this earth, ability, indus- 
try and perseverance play a leading and indispensa- 
ble part. 

The formation of the large industrial combina- 
tions in the United States known as "Trusts" is fast 
paralyzing the efforts of the small trader and inde- 
pendent producer, who is looking longingly toward 
the southern lands of this hemisphere where he 
may accumulate a fortune, or at least earn a com- 
petency. He hesitates to go abroad, not knowing 
the language or the customs, and fears to risk his 
capital. Many ambitious young men, who find no 
business opportunities open for those of limited pat- 
rimony, are also desirous of emigrating where they 
may establish a small business, and, after some years 
of toil, reap the reward of their industry. 

It is a risky thing to give advice in the premises. 
A few general suggestions can, however, be made 
which will govern all cases. There are three im- 
portant requisites which are essential if one would 
succeed in any Spanish- American country — a nod- 
ding acquaintance with the Castilian tongue, some 
capital, and the necessary business qualifications. 
As to the first, one need not be a purist, but a 
"working" knowledge of the language will be found 
indispensable. Referring to the second, it is of vital 



300 Notes on tlie Republic of Mexico 

importance to realize that Latin-American coun- 
tries, and especially Mexico, are not a poor man's 
land, nor a paradise for professional men. Two 
things abound there, naiftely, unskilled labor of the 
lowest class, and the other extreme in the social lad- 
der — a highly educated upper class. Men of mod- 
ern business training, instincts and energy are lack- 
ing. They are not usually a product of Spanish 
civilization, though the new order of things in Mex- 
ico has created many of them. 

That is the desirable class of immigration for our 
southern neighbors. For many years they had 
nothing but our tramps, criminals, and swindling 
"fakirs," A young man, with a fair knowledge of 
Spanish, good business qualifications and a few 
thousand dollars, willing to work, and, if need be, 
"rough it" for some years has a far greater proba- 
bility of success in Mexico than in the United 
States. The elements of chance enter into consider- 
ation in this, as in every act of our lives, and the 
usual lines of human activity will be found there, 
subject to the same fluctuations. 

I would finally suggest that one must subject 
one's self to the laws of the land; respect its social 
customs, and bear in mind that courtesy and polish 
of manner are not only desirable in principle always, 
but may be considered a valuable and indispensable 
asset in Mexico. 



.< 



APPENDIX 



APPENDIX. 



DEBATE ON ARBITRATION. 
THIRTIETH SESSION. 

January 15, 1902. 

After the reading of the minutes of the previous 
session, and some observations being made on the 
subject of the project for the Exercise of the Lib- 
eral Professions, the secretary read the note ad- 
dressed to His Excellency the President of the Con- 
ference by the delegation from Argentine, Bolivia, 
Colombia, Costa Rica, Dominican Republic, El 
Salvador, United States of America, Guatemala, 
Haiti, Honduras, Mexico, Nicaragua, Paraguay, 
Peru and Uruguay, stating that they had signed a 
protocol in which they declare that the principles 
established in the Conventions of The Hague should 
be considered as American Public Law, and that 
the Governments of the United States and of Mex- 
ico had been intrusted with the mission to nego- 
tiate their adherence to said treaties, accompanying 
the text of the resolutions approved, in order that 
they be sent through the Secretary-General - to the 
Minister of Foreign Relations of Mexico, so that 
said resolutions be duly executed. The Secretary 
also read the protocol, annexed to the note referred 



304 Appendix 

to, and both documents are attached to these min- 
utes as Annex No. 2. 

Mr. Blest Gana, Delegate for Chile, requested 
that, before giving the customary ruling, the Pres- 
ident should order the reading of the project on the 
same matter presented by the Chilean delegation, 
and which is in the hands of the Secretary, since 
said project coincides in ideas and desires with the 
treaty that had been read. He recollected that, 
from the first time that the question of arbitration 
was discussed by the committee, he declared him- 
self in favor of the Convention of The Hague; that 
on account of the standing of the Governments 
which had signed it, it means the most important 
step that had been taken in such a transcendental 
matter. He concluded by saying that it was with 
pleasure that he saw that his ideas were shared by 
the majority of the delegations represented at this 
Conference. 

Mr. Carbo, Delegate for Ecuador, stated that he 
was a partisan to the adherence by this Congress to 
the treaty of The Hague; and that if he had not 
signed, it was because the instructions he had from 
his Government did not allow him to sign anything 
outside of the Conference. Ecuador had come to 
this Conference to express in the most open man- 
ner its way of thinking on all international questions 
that may arise, without siding one way or the other, 
because, as it maintains the best of relations with all 
the other nations of America, it has no reason 



Appendix 305 

whatever to wound the feelings of anybody; but 
since he was in favor of the treaty alluded to, and 
had full power to sign it, he was entitled to demand, 
as he did, that the delegations which signed it ex- 
press whether or not they all have the same faculty, 
in order that he might know who could or could not 
sign the treaty before mentioned. 

His Excellency the President, in replying to Mr. 
Blest Gana, called his attention to the fact that the 
Chair was under obligation to have read the docu- 
ments presented to the Secretary in the order they 
were received; and that the project on arbitration 
of the Chilean delegation would be read oppor- 
tunely, when its turn would come. 

Mr. Blest Gana thanked His Excellency the Pres- 
ident for his explanation; and stated that his object 
in requesting the floor had only been to avoid the 
repetition of a useless discussion. 

The Secretary announced that the Chair had 
ruled that the general treaty on the adherence to the 
Conventions of The Hague submitted by several 
delegations be referred to the Secretary-General, in 
order to comply with the provisions of paragraph 7, 
of Article i of the regulations. 

Mr. Walker Martinez, Delegate for Chile, read 
Article x of the regulations, by virtue whereof the 
Secretary shall present to the Conference the mat- 
ters that have been received after the previous ses- 
sion, and the President shall order that each of 
those matters be referred to the respective commit- 
20 



306 Appendix 

tees for their consideration. Thereupon he request- 
ed that such precepts be complied with, and that the 
Treaty on the Adherence to the Conventions of The 
Hague be referred to the respective committee for 
its consideration. He also requested the Chair to 
address Mr. Galavis, a Delegate for Venezuela, in 
order that he might verify the information that the 
Chilean delegation had regarding the withdrawal of 
the Venezuelan delegation from the Conference. If, 
as the speaker believed, such information was right, 
he supposed that the signature of Mr. Galavis should 
not remain in the convention referred to. 

His Excellency the President replied to Mr. Wal- 
ker Martinez, that the Chair had really today re- 
ceived a communication from Mr. Galavis announc- 
ing the withdrawal of the Venezuelan delegation, 
and stated that the signature of said Delegate ap- 
peared at the end of the convention as under the 
date of December 26 last. 

Mr. Matte, Delegate for Chile, moved that all 
the documents presented to the Secretary be read, 
and that the Chair should thereafter rule what pro- 
cedure should be followed. 

His Excellency the President stated that in all 
parliaments, after reading every proposition, motion 
or project, the Chair orders what procedure should 
be followed, and that as the ruling of the Chair had 
been attacked, the assembly would be asked whether 
it would approve it or not. 

Mr. Walker Martinez congratulated himself that 



Appendix 307 

the Chair had already received official notice of the 
withdrawal of the delegation of Venezuela. It 
would be easy to comprehend, knowing that fact 
and not having heard read the name of Mr. Galavis 
on the note with which the treaty was sent to the 
Conference, that the speaker was compelled to ask 
the foregoing explanation, especially since the 
treaty referred to was to take effect today, and as 
Venezuela was no longer represented in this Con- 
ference, it cannot be said that the project which 
gave rise to this debate was signed by her. Air. 
Walker Martinez thought it strange that the Chair 
had not deigned to reply to the argument which 
he had advanced with regard to Article x of the 
rules. Parliaments and international assemblies, 
like the present one, have the strict duty to obey the 
rules which they have established for the purpose 
of regulating their work. The absolute submission 
to these rules is the only safeguard of all rights and 
the only guarantee which exists for accomplishing 
the object which they all propose to attain. The 
rules of the Conference are the work of the delega- 
tion of Mexico; all the other delegations had ac- 
cepted them, and all, for that reason, were obliged 
to comply with them. Why, then, if Article x is 
the only one applicable in the present case, are new 
proceedings invented, and why is it not desired to 
refer the project of a treaty which is signed by some 
of the delegations to the respective committee for 
its examination? Why does the Chair place the 



308 Appendix 

members of the assembly in such a difficult position, 
and compel them to either disregard its authority 
or to openly violate the rules? Why is it desired to 
refer to the Secretary-General a matter which is al- 
ready before the Conference? He called attention 
to the fact that the whole world had its eyes fixed 
upon the work of this assembly, not so much on 
account of the importance of the people who are 
represented therein, as on account of the transcend- 
ency of the questions to be acted upon by it, and 
ended by requesting the Chair to decide this vexa- 
tious question for itself, and obey with, a good grace 
the positive provisions of Article x of the rules, in 
view of the fact that it is vested with the high func- 
tions of judge, and represented not only Mexico, 
but the whole assembly, it being, therefore, its prin- 
cipal duty above all and before all to procure the 
exact fulfillment of the established regulations. 

His Excellency the President calledJiie attention 
of Mr. Walker Martinez to the fact that the note 
accompanying the treaty on Adherence to those of 
The Hague did not conclude with a proposition 
which could be submitted to the consideration of 
any committee; that said note simply contained the 
information that the treaty referred to had been en- 
tered into. On the other hand, the Committee on 
Arbitration is composed of one member for each of 
the delegations, and the treaty having been signed 
by sixteen of them, is equivalent to any report that 
might be formulated by the same committee; there- 



Appendix 309 

fore, in his judgment, the ruling of the Chair was 
justified; but since it has been attacked, he was 
unavoidably compelled to submit it to the approval 
of the Conference. 

Mr. Bello Codecido, Delegate for Chile, believed 
it to be his duty to add a few words to those of his 
colleagues of the delegation; he did not think that 
the question was a matter of simple procedure, but 
on the contrary it was to find out in what sense 
the vote of this assembly would be given on a ques- 
tion so important as that of arbitration, and which 
was the first on the programme of the Conference. 
If the delegations signing the convention referred 
to, as well as that of Chile, were willing to adhere 
to the Treaties of The Hague, w r hy is it not so de- 
clared among the members of the Conference? 
Why do outside of the Conference what could and 
should be done here, in accordance with the provi- 
sions established by the regulations? This matter 
being of such a serious nature should not be decided 
by a simple ruling, but should be discussed and 
acted upon after careful deliberation, which would 
be the more useful in this case, since all the mem- 
bers of the assembly agreed to it in substance, and 
only differed as to the manner of procedure. 

Mr. Matte stated that he had before proposed as 
a conciliatory measure that the ruling of the Chair 
should be reserved until after he had presented the 
project of the delegation of Chile; but since his idea 
had not been accepted he was obliged to ask the 



310 Appendix 

exact compliance with Article x of the regulations. 
In the opinion of the speaker, the observations of 
the Chair regarding the fact that the note of the 
delegation did not end with any request, had no 
force whatever, because,, as is seen by the text of 
said note, which he read, it was asked therein, in a 
positive and express manner, that the treaty be re- 
ferred to the Department of Foreign Relations of 
the Mexican Republic. He thought it very strange 
that when it was a question of matters the decision 
whereof was obvious, as, for example, anions: manv 
he could cite that relative to the telegram from 
Spain, such matters had been and were always re- 
ferred to the respective committees for their exam- 
ination, and now it was not desired to pursue the 
same course in matters of such importance and 
gravity as is that of arbitration. Fraction 7. of Ar- 
ticle 1, relative to the attributes of the Secretary- 
General, was invoked, but its provisions are of a 
purely economic character, and it cannot be applied 
to cases like the present, and the Conference would 
be converted into a simple channel for transmitting 
the documents presented. On the other hand, it 
was entirely inacceptable to pretend to deprive the 
assembly of all intervention in this matter, when 
Article ii of the treaty proposes that the Confer- 
ence confer upon the Governments of the United 
States and Mexico the dutv to negotiate with the 
other signatory Powers of the Convention of The 
Hague with regard to the adhesion of the Ameri- 



Appendix 311 

can nations, to the same who have not signed these 
conventions, and who should so request it. 

His Excellency the President said that, as several 
of the Delegates had asked for the floor, and the 
hour fixed by the rules had arrived, the session 
would be suspended, to be continued to 4 P. M. 

The session was suspended at 12.55 P. M. 

The session continued at 4.30 P. M., in the pres- 
ence of the Delegates whose names appear in the 
present list, as also Mr. Chavero, a Delegate for 
Mexico. 

The Secretary announced that the discussion on 
the ruling of the Chair would continue. 

Mr. Pineda, a Delegate for Mexico, stated that 
the question was simply a matter of procedure, 
which, if it had attained such large proportions, was 
only because it was connected with that of arbitra- 
tion. That the ruling of the Chair was perfectly 
well founded, and that Mr. Raigosa has this morn- 
ing already given indisputable reasons in support 
thereof. The speaker wished, however, to add some 
words, and to that effect commenced by relating 
w T ith all frankness and sincerity the incidents that 
happened; the first being the fact that fifteen dele- 
gations had presented to the Conference a treaty 
signed by them, requesting only that it be referred 
to the Department of Foreign Relations of Mexico. 
They did not wish it to be submitted to the consid- 
eration of the assembly, and did not ask that the 
latter might discuss or act upon it in any way? 



312 ' Appendix 

What else could His Excellency the President do 
than accede to the wishes of said delegations, acting 
in this case, as has been done in many other pre- 
vious ones, even with regard to matters of very 
little importance? The other incident referred to 
the fact that the Chilean delegation had submitted 
to the assembly a treaty, the object of which is also 
that the American republics may adhere to the 
Treaties of The Hague, and to the proposal that 
the project signed by the delegations should not be 
acted upon until after that of the representatives of 
Chile had been read. Such proposal was by all 
means unjustifiable, because it was not possible to 
discuss together the two projects, which differed 
materially, both with regard to the time of their pre- 
sentation and in their form and nature; one of them 
is a definite and complete agreement, while the 
other is a simple initiative, that will have to be sub- 
mitted to the whole procedure of the regulations. 
Should they be placed under discussion, the result 
would only be an incomprehensible debate without 
any satisfactory solution. Mr. Walker Martinez has 
required that Article X of the regulations be com- 
plied with; but that precept cannot and could not 
be invoked except in cases in which it might be ap- 
plicable; it was evident that matters requiring study 
should be referred to the committees appointed by 
the Conference, but it was out of the question that 
a treaty in which all the Delegates signing it are in 
perfect harmony is a matter not susceptible either of 



Appendix 313 

discussion or resolution. Replying to Mr. Bello 
Codecido, the speaker stated that it is not true that 
a debate on arbitration is being carried on, as it can- 
not take place either in regard to the treaty of the 
fifteen delegations, which has not been presented 
with that object, but only in order that, through the 
proper channels, it may reach the Mexican Foreign 
Office, or in regard to the project of the delegation 
from Chile, the text of which is not even known to 
the Conference. In regard to the argument of Mr. 
Matte relative to the fact that in one of the clauses 
of the treaty the name of the Conference is used, 
so that it may confer on the Governments of Mex- 
ico and the United States the mission of obtaining 
the adherence to the Conventions of The Hague, 
Mr. Pineda stated that, in his own opinion, the fact 
is that a defect exists in the wording; but that the 
Conference can neither -modify the form of said doc- 
ument, which has not been submitted to its consid- 
eration, nor can any responsibility be attached to it, 
so long as it is not its own production, but solely 
and exclusively that of the signatory delegations. 
For all these reasons the speaker closed by saying 
that, in his opinion, the ruling of the President was 
correct and in accordance with his high powers. 

Mr. Buchanan, a Delegate from the United 
States, said that he recognized the proper and kind- 
ly deference shown in the remarks made by the dis- 
tinguished gentlemen from the Chilean delegation, 
and that he merely rose to make an explanation. 



314 Appendix 

When the document that has been read was drawn 
up several days ago, it was in the belief and hope 
that it would meet the cordial support and indorse- 
ment of every Delegate in the Conference; hence 
the phraseology of Article III ; but, inasmuch as it 
had been signed by all, the observation made by 
his colleague of the Chilean delegation was proper; 
and he respectfully asked, with the permission of 
the gentlemen who signed, that there might be no 
misunderstanding, to correct the words, the "Am- 
erican Conference," into "the Delegations to the 
American Conference/' and in that way the point 
made by Mr. Matte would be removed. He added 
that it appeared singular that the act of fifteen dele- 
gations, responsible to no other than to their own 
Governments for their actions, who had signed 
among themselves a document, and presented it to 
the Conference with the simple request that it be 
transmitted to the Mexican Government, should be 
objected to by a delegation not a party to the docu- 
ment; that it appeared to him that those signing it 
were in their strict right, and that their request 
should be granted. He could not see why that re- 
quest should be objectionable to anyone who did 
not sign it. Finally, he again expressed the desire 
that the change above suggested be made in the 
document when it should be presented. 

Mr. Carbo, Delegate for Ecuador, after having 
expressed again the independent standing of his del- 
egation, and his opinion in favor of the Treaties of 



Appendix 315 

The Hague, stating that, the same as Chile, it was 
disposed to sign them, it being their right to adhere 
to the project under discussion in the form which 
they might believe proper. That, supposing the 
project were to pass through all the proceeding pre- 
scribed by the regulations, he reserved his right to 
express his opinions whenever that opportunity 
should arise; but as it was already proposed to fore- 
go the established practices, he had to state what 
he believed. He had been the first to applaud the 
exquisite tact of His Excellency the President, who 
could do no less than to recognize that the letter 
of the law should not 'be disregarded under the pre- 
text of carrying out its spirit. In the present case, 
according to the rules, and even as a matter of 
courtesy, in order that the delegations who have 
not signed it may inform themselves of the proj- 
ect, the latter and the Chilean proposition, after 
having been read, should be referred to the Com- 
mittee on Arbitration, so that it may report upon 
them. As president of the Committee on Creden- 
tials, he said that he believed it his duty to state 
that many of the Delegates had only simple cre- 
dentials, which did not authorize them to discuss 
and much less to sign treaties. An International 
Congress convoked for the purpose of establishing 
proper diplomatic rules, cannot consent that the 
delegations which have not been authorized by their 
Governments with the plenitude of their represent- 
ation, should discuss and vote upon treaties, which 






316 Appendix 



suffer from a fundamental defect, and that wc 
not accomplish more than to lead the judgment of 
the world astray in all that relates to the resolutions 
of this Conference. To send a project of a conven- 
tion to the Department of Foreign Relations of 
Mexico, in order that the latter may find that a good 
many of the Delegates have no powers, is an act 
unworthy of this Conference, which should proceed 
with entire circumspection, especially when it is a 
question that affects the country which has extend- 
ed its hospitality to the delegations of the others. 

Mr. Buchanan, a Delegate from the United 
States, said that he rose with considerable reluct- 
ance; but. inasmuch as his distinguished friend, Mr. 
Carbo, of Ecuador, both this morning and just now, 
quite unintentionally, and without thought of giv- 
ing offense, as he thought, had indirectly questioned 
the power of some of those signing the document 
read, he wished to say in reply that, so far as the 
United States delegation was concerned, it is only 
answerable to the United States Government for 
what it does. 

Mr. Carbo stated that his intention had not been 
in the slightest to offend the delegation of the Uni- 
ted States nor any other delegation; that when 
treaties were entered into, it is a fundamental prin- 
ciple in diplomacy that plenipotentiaries have the 
privilege to assure themselves that the others are 
fully empowered by their respective Governments. 

General Reves, Delegate for Colombia, stated that 



Appendix 31? 

his delegation was one of the fifteen signing the 
treaty under discussion; and when he attached his 
signature to it he believed that in that way all kind 
of obstacles would be avoided; but he said that, un- 
fortunately, these obstacles had increased, and, as 
he was afraid that the treaty in question would not 
meet the requirements of all the American repub- 
lics, he called the attention of the Conference to the 
obligation under which they were of taking, after 
careful consideration, a definite decision on the im- 
portant matter of arbitration as the only means for 
maintaining peace among them. That obligation 
became more urgent for the nations which have 
questions relating to boundary lines which would be 
of the greatest importance in the near future, 
through the development of the powerful elements 
of wealth of the nations of this Continent. The 
speaker closed by submitting to the assembly the 
following proposition: "Let the project of arbitra- 
tion submitted by the Chilean delegation be read, 
and, together with that presented by the fifteen del- 
egations on the same matter, be referred to the com- 
mittee appointed for these matters, so that a report 
may be submitted thereon on Monday next." 

The Secretary announced that, in conformity with 
Article XV of the regulations, as the ruling of the 
Chair was pending of discussion, the proposition of 
Mr. Reyes would be taken into consideration, after 
the votes had been given with regard to said ruling. 

Mr. Matte, a Delegate for Chile, replying to Mr. 



318 Appendix 

Pineda, stated that, in order to put in evidence the 
justice that the Chilean delegation had, he appealed 
to the most authorized opinion of one of the mem- 
bers of the Mexican delegation, Mr. Pardo, who, 
in submitting at the session of the day before yes- 
terday the new article of the regulations, still un- 
approved, recognized in a clear and positive man- 
ner that there was at present no provision in the 
rules which would authorize the Chair to grant the 
wishes of the signatory delegations, by sending the 
convention to the Mexican Foreign Department. 
That Mr. Pineda admitted that the convention in 
question spoke in the name of the Conference, but at 
the same time he denied to the Delegates which have 
not signed it the right to discuss the terms of said 
convention. The speaker did not understand how 
such a thing could be sustained, and to desire that 
the matter pass the Conference simply by routine, 
without discussion whatever; and inasmuch as a 
resolution was to be taken in its name which might 
cause it some responsibility, it was only just that 
it should have the right to examine such resolution 
in order to decide if it was well founded. He then 
observed to Mr. Buchanan that the name of this 
assembly was not only mentioned in Article II of 
the treaty, but also in its preamble and in Article I. 
He concluded by stating that he was very glad to 
see that the idea of all the nations of America ad- 
hering to the Treaties of The Hague was being 
unanimously accepted, a thing which constituted 



Appendix 319 

the desideratum of Chile, since it became a part of 
the Conference. 

Mr. Bello Codecido, Delegate from Chile, stated 
that Mr. Pineda, starting from the premise that only 
a question of proceedings was being considered, ar- 
rived at conclusions entirely different to those of 
the speaker, who, on the contrary, believes that a 
point of great importance is being discussed; and 
to prove this it is sufficient to see the large propor- 
tions assumed by the debate which treats of the 
right which some delegations may have to form 
resolutions outside the Conference, upon which the 
Conference has to pronounce its judgment. If this 
principle should be established and should be per- 
mitted that the nations represented in this assem- 
bly might sign agreements upon all kinds of sub- 
jects, outside of the Conference, the latter would 
be entirely useless, and it would be better if it had 
not assembled at all. This is a strange fact — fifteen 
delegations who signed the convention, submit it to 
the Conference, that is to say, to the only two re- 
maining delegations who have not signed it, and it 
is desired that by the reason of such document be- 
ing approved by the great majority, almost the to- 
tality of the countries in the assembly, the latter 
sends it to the Mexican Foreign Office without the 
delegations who have not signed it may examine its 
provisions to weigh the responsibility that might 
accrue to them from such action, inasmuch as this 
act is to be executed by the Conference of which 



320 Appendix 

they form a part. If the wishes of the signatory 
delegations were acceded to, a treaty already signed 
would be sent to the Mexican Foreign Office, and 
another would remain pending of discussion; the 
said Foreign Office being in possession of two treat- 
ies on the same subject, identical in substance, but 
in different form. If the proposed treaty would be 
subscribed by a simple majority, it might be ex- 
plained that it should be sent to the Department 
of Foreign Relations as being the work of the del- 
egations who signed it, but this cannot be supposed 
regarding an agreement which is not only signed 
by nearly all the delegations, but which also has 
the approval of all the others. The delegation from 
Chile wishes as the signatories of the treaty, but 
wishes that in order to surround it with greater sol- 
emnity that it should go endowed with the sanction 
of the Conference. It is perfectly true that the 
Convention referred to has been accepted by a great 
majority, but it should not for that reason be ex- 
empted from the procedure established by the reg- 
ulations. The speaker closed by stating that the 
delegation from Chile, desirous of overcoming the 
difficulties and facilitating the termination of this 
matter, presents to the Conference the following 
proposition, maintaining as its preamble that of the 
project of the convention presented today to the 
Secretary by the Chilean delegation: 

"The Chilean delegation takes as its own the 
project of adherence to the Convention of The 



Appendix 321 

Hague signed by fifteen delegations, and submits 
it to the consideration of the Conference, in order 
that as soon as it may be approved it be sent by the 
Secretary to the Department of Foreign Affairs of 
Mexico. (Signed) 

"Alberto Blest Gana, 

"Augusto Matte, 

" Emilio Bello Codecido, 

" Joaquin Walker Martinez." 

Mr. Carbo requested the floor, but the Chair 
stated that, as the hour of the regulations had 
struck, and as the Conference had to be consulted 
with regard to the proposition submitted by Mr. 
Macedo, the session would adjourn. 

The Secretary read the proposition of Mr. Ma- 
cedo, as follows: 

"January 15, 1902. 

" I respectfully request the Conference that it be 
pleased to decide that tomorrow's session shall be 
held in the morning as well as in the afternoon. 
(Signed) Pablo Macedo." 

The Conference was asked whether the above 
proposition would be taken immediately into con- 
sideration, and the answer being in the affirmative 
by a unanimous vote, the proposition of Mr. Ma- 
cedo was approved also unanimously without dis- 
cussion. 

The session adjourned at 6.20 P. M., Mr. Carbo 
having the floor. 
21 



322 Appendix 

THIRTY-FIRST SESSION. 

January 16, 1902. 

After the minutes of the former session, which 
were not distributed or printed among the Dele- 
gates, on account of lack of time, had been read, on 
motion of Messrs. Buchanan, of the United States 
of America, and Matte, of Chile, it was ordered that 
their approval would be reserved until the next ses- 
sion, in order that the members of the assembly 
might better become acquainted with their contents. 
It was announced that the discussion upon the rul- 
ing of the Chair would be continued. 

Mr. Carbo, Delegate of Ecuador, entreated the 
Conference to adhere to the proposition of the dele- 
gation of Chile, as the most expedient manner to 
give a proper solution to the matter under discus- 
sion. 

Mr. Macedo, a Delegate for Mexico, asked par- 
don of the Conference for submitting some obser- 
vations regarding the proposition of the Chilean 
delegation, even before knowing what action would 
be taken in regard to the same. He stated that the 
regulations were no dead letter, and that the spirit 
that animated them was that of concord between all 
the nations here represented, and the desire that 
they all would accomplish a practical and fruitful 
work, one of efficacious results for all the Conti- 
nent; that there existed a substantial difference re- 
garding this point, among special parliaments of 



Appendix 323 

each country and assemblies of the character of this 
Conference, inasmuch as the law of majorities gov- 
erns in the former, but did not do so in the latter, as 
here each one preserves the most absolute liberty 
to decide in favor of that which he may consider 
advantageous for his interests. That the proposi- 
tion of the Chilean delegation consists of two parts, 
the first, in which it adopts the project of adherence 
to the Conventions of The Hague, subscribed by 
fifteen delegations; and the second, in which it sub- 
mits that project for the consideration of the Con- 
ference, so that, as soon as it be approved by the 
same, it be sent by the Secretary-General to the 
Department of Foreign Affairs of Mexico. The 
speaker applauded the first part warmly, because it 
means the unanimous adherence of America to the 
conventions referred to, which constitute a great 
step forward on the road of progress, and which 
only those can depreciate who are ignorant of his- 
tory, and do not know, for that reason, that the con- 
quests of humanity are only achieved slowly and at 
the cost of immense sacrifices; but that he was not 
in accord with the second part of the proposition, 
which, instead of favoring, prevents the accomplish- 
ment of the object which all propose to attain. If 
some had already approved the project of Adher- 
ence to the Conventions of The Hague, and others 
had adopted it, what practical utility could be de- 
rived from its discussion? What greater prestige, 
what greater force can such discussion add to a 



324 Appendix 

resolution already taken by all the Delegates? Ap- 
pealing to the affection which should reign among 
all the members of the American family, he entreat- 
ed the delegation of Chile to rid the Conference 
from the difficulties and confusion of this regle- 
mentary debate, and to withdraw the second part of 
its proposition, by saying: " The work of the fifteen 
delegations is that of all America/ 7 and surrounding 
thereby the resolutions of this assembly upon a mat- 
ter of such vital importance with greater solemnity 
in the eyes of the world. 

Mr. Walker Martinez, Delegate for Chile, con- 
gratulated the Conference that Mr. Macedo had ele- 
vated the character of this debate, and had infused 
into it an atmosphere of generosity and sympathy. 
The appeal to the American brotherhood of the 
Honorable Delegate of Mexico would bring with it, 
he was sure, a rapid and advantageous solution, and 
would cause all the members of the assembly to 
agree regarding the form, since they were already 
equally agreed with regard to the substance of the 
matter. He sustained, incidentally, that it should not 
be said that the project of Adherence to the Confer- 
ence of The Hague was signed by fifteen delega- 
tions, because the mandate of the Delegate for Ven- 
ezuela had expired on December 30, and, when the 
said project was introduced into the Conference in 
the previous session, the Chair had already official 
notice of the withdrawal of the representative of that 
republic. Entering upon the substance of the de- 



Appendix 325 

bate, the speaker said that as he had already pre- 
viously stated, the delegation of Chile found itself 
in a difficult and embarrassing position, because, 
as it was of the opinion that the Chair was not au- 
thorized to rule to have the project acted upon, 
bound by his duty towards Mexico, he could not 
vote against the ruling referred to, as it would be a 
want of courtesy towards that nation, and he, there- 
fore, would be compelled to abstain from voting at 
the time of taking the votes. In order to remove 
this difficulty, the delegation of Chile again request- 
ed the Conference to accept its proposition; that is 
what is to be done outside of the regulations should 
be done within it, and since all approve the exalted 
idea of adhering to the Conventions of The Hague, 
let them all come to this assembly and openly pro- 
claim it with their votes, thus giving a greater pres- 
tige to such a great and generous idea. If the ques- 
tion was of a project representing only the opinion 
of a minority, the delegation of Chile would not be 
opposed to it being sent to the Mexican Foreign 
Office by a simple ruling of the Chair; but it can- 
not act in the same manner in respect to a treaty 
that is unanimously adhered to by the Conference, 
and which, therefore, they desire to be endowed 
with greater prestige. It does not belong to the 
delegation of Chile, but to the delegations that sign 
the project, to give in on this point, and to consent 
that, in order to approve this resolution, the pro- 
ceedings established by the regulations be complied 



326 Appendix 

with. Besides these reasons, the delegation of Chile 
has another indisputable one which it submits to 
the consideration of Mr. Macedo and of all the as- 
sembly: The Chilean plenipotentiaries have such 
representation only within the Conference, not out- 
side of it; therefore, they have only power to sign 
treaties entered into in the proper manner, and 
which have been discussed and approved in the 
Conference. In order to prove this, Mr. Walker 
Martinez read his credential, and in order to justify 
the action of the Delegates of Chile, he asked to 
have it inserted^ if not in these minutes, at least in 
the bulletins issued by the Secretary; and he stated 
that nothing could justify that he and his colleagues 
should go outside the Conference to do badly what 
here could be done well, with justice, truth and 
right. Referring again to the conformity of all the 
delegations on the resolution which must be taken, 
he recommended the Conference, once more, that 
it should adopt it in a solemn manner which will 
redound to the prestige of the Assembly, wherein 
the countries that issued the invitation, which ac- 
cepted it full of hopes and illusions, have more in- 
terest than Chile, which came with reserve and lack 
of confidence. 

His Excellency the President stated that, in view 
of the constant censures made by Mr. Walker Mar- 
tinez on the rulings of the Chair, he was obliged to 
break the silence which his official capacity as Pres- 
ident imposes upon him, not only to determine in 



Appendix 327 

a precise manner the matter under debate, as also 
to appeal to the delegation of Chile, on whose an- 
swer will depend the ruling which the Chair will 
make, and the course which will be given to the 
discussion. The only thing under debate is the rul- 
ing of the Chair, ordering that the note of the fifteen 
delegations, which sent the project of the treaty sub- 
scribed by them, be referred to the Secretary-Gen- 
eral of the Conference, in order to comply with the 
provisions of paragraph 7 of Article I of the regu- 
lations, as is proved by the trend of the discussion 
which took place in the two sessions of yesterday. 
Therefore, the Chair was right in announcing that 
today the discussion on the ruling referred to would 
be continued. Referring to the signature of Mr. 
Galavis, he stated that it might be said w r ith all 
truth that the project of the treaty was presented by 
fifteen delegations, because, without including that 
of Venezuela, such was the number of signatures at 
the end of said project, as the Assembly would be- 
come convinced by the reading that he was about 
to make. His Excellency the President closed by 
requesting the delegation of Chile to be good 
enough to say if, as could be inferred from the 
statements of Mr. Walker Martinez, it withdrew its 
opposition to the ruling of the Chair, because if 
such was the case, the present discussion would be 
useless. 

Mr. Walker Martinez deplored that His Excel- 
lency the President should want to lead the delega- 



328 Appendix 

tion into a dangerous field, instead of helping it to 
smooth the debate. He feared that His Excellency 
the President had not fully understood the standing 
that his delegation has taken. The Chilean delega- 
tion insisted on its belief that the only precept ap- 
plicable in this case was Article X of the regula- 
tions; he had the most firm conviction that the 
Chair has had no right whatever to order the ruling 
under discussion. But, as he had stated before, the 
Delegates for Chile find themselves restrained from, 
and in the impossibility of, voting against His Ex- 
cellency, who is the most conspicuous member of 
the Mexican delegation, to which they owe respect 
and consideration. It matters not whether the sig- 
nature of Mr. Galavis makes the number of the 
delegations signing the project fifteen or sixteen; 
the greater or lesser number of those delegations 
is immaterial; the only thing important is to decide 
that among those signatures that of the Venezuelan 
Delegate must not be counted. Replying to the 
interpellation of His Excellency the President, he 
stated that when the opportunity arrives, the Chil- 
ean delegation will reserve its vote, but that this 
does not mean that it expresses its consent, and 
therefore the debate is yet in order and must con- 
tinue. 

Mr. Buchanan, a Delegate for the United States, 
desired first, on behalf of the United States delega- 
tion, to extend their most sincere appreciation of 
the very courteous and kindly reference made to 



Appendix 329 

the United States Government by the distinguished 
Delegate for Mexico, Mr. Macedo. Referring then 
to the ruling of the Chair which had been chal- 
lenged by the Honorable Chilean delegation, as 
they had a perfect right to do, he said that those 
who were not at any time in accord with the rulings 
of the Chair had the right, not only to say so, but 
to vote against it. He then dwelt on the character 
of the work upon which the Conference was en- 
gaged, stating that it was a Conference and not 
a congress of plenipotentiaries; that all had come 
together in friendliness and with an endeavor to 
do all they could to remove any obstacles in the 
way of a good understanding, so that no delegation 
in the Conference should discuss topics that might 
be objectionable to others. He further said that 
there was a great deal at the bottom of the question 
under discussion, because it referred to the subject 
of arbitration. That, during the two months they 
had been together, this had been the chief topic of 
discussion among the Delegates; that all know the 
opinions of their colleagues regarding that subject, 
and that it was known by all that there were dele- 
gations here who had expressed a desire to have 
discussion on certain phases of the subject of arbi- 
tration avoided; that with that end in view the dele- 
gations represented by their signatories determined 
to sign the protocol they had asked to be sent to 
the Minister of Foreign Affairs of Mexico; that the 
delegations who signed the document were each 



330 Appendix 

and all willing to grant an equal right to any other 
delegation or delegations, and that those who chal- 
lenged the right of the signer, had not presented 
good arguments in support of their position. Re- 
ferring to the plenipotentiary powers which his dis- 
tinguished colleague, Mr. Walker Martinez, had 
read, and which covered those of the Chilean dele- 
gation, he said that it seemed to him that a delega- 
tion plenipotentiary " ad hoc " could do the lesser 
things included in the greater powers extended 
them. As to the protocol itself, the speaker said 
that it was signed among delegations, answerable 
only for their acts to their different Governments, 
and not to this Conference. He added that his del- 
egation had been sent here with instructions to do 
all they could in the interest of good-will, and to 
avoid discussing anything disagreeable; that said 
delegation, with others, had signed this protocol 
knowing the conditions existing with regard to the 
subject, as did the Chilean delegation also. He 
further stated that, as to the point at issue, the 
question was simply whether or not the delegations 
had a right, no matter whether there are one, or 
two, or five, or fifteen, to send to the desk of the 
Conference anything signed among them, and to 
ask that it be read and transmitted outside the Con- 
ference in such a manner as they may direct. He 
said, lastly, that nothing would give greater pleas- 
ure to the United States delegation than to see the 
Chilean and Ecuadorian delegations become mem- 



Appendix 331 

bers of The Hague Treaty; but that, for the pres- 
ent, the question was merely one upon the ruling of 
the Chair upon a given point. 

Mr. Bermejo stated that in the course of the dis- 
cussion much had been said of the regulations; 
that assemblies like the present ought not to have 
them, as was the case with The Hague Conference, 
and the reason was very simple. Contrary to what 
is the case in parliaments, here the vote of the ma- 
jority does not bind the minority, and, as is well 
known, the principal object of the parliamentary 
regulations is to protect the rights of that minority. 
He recollected the difficulties which were met with 
for the assembling of this Conference, and which 
forebode those that have to be dealt with at pres- 
ent. Referring specially to arbitration, he recol- 
lected that from the beginning it was impossible to 
arrive at a unanimous understanding, both with re- 
gard to the committee and the sub-committee ap- 
pointed. It could at once be seen that there was a 
difference of opinions and intentions, which, after 
taking several forms, were resumed in these two: 
Adherence to the Convention of The Hague, and 
a Treaty of Compulsory Arbitration. There can 
be no objection to the former being signed by all, 
since they are agreed thereto, and, on the other 
hand, that those who may not be satisfied with it 
sign among themselves a more ample treaty, the 
better to satisfy their aspirations. In order to at- 
tain such results, the intended discussion seems en- 



332 Appendix 

tirely useless, because, apart from the fact that each 
had the most firm convictions on the matter, the 
Delegates of the republics herein represented did 
not act by their own free. will, but had to be subject 
to precise and conclusive instructions from their 
Governments. The Argentine delegation, like the 
others, had not omitted to discuss that point. He 
would have no objection whatever in strongly de- 
fending and proclaiming his convictions with regard 
to this matter. He agreed in supporting the ruling 
before the Conference, because he believed that all 
accepted it, and as a mark of respect and considera- 
tion to the Mexican delegation, believing it to be 
the most appropriate to avoid disagreements and 
to maintain harmony among all the countries of 
America. 

It being 1.30 P. jVL, His Excellency the President 
declared the session adjourned, to be continued in 
the afternoon at the usual hour. 

The session continued at 4.20 P. M., in the pres- 
ence of the same Delegates mentioned in the list 
previously inserted. 

It was announced that the discussion of the rul- 
ing of the Chair would be resumed. 

Mr. Macedo, Delegate for Mexico, commenced 
by deploring that the delegation of Chile did not 
find its power sufficient to sign the convention pre- 
sented by the fifteen delegations, as the speaker had 
invited it to do. In such matters, each one is the 
sole judge of the scope and extension of his au- 



Appendix 333 

thority, and for that reason Mr. Macedo greatly re- 
spected the conviction of the representatives of 
Chile, but requested at the same time that they 
should do likewise with regard to the deeply rooted 
one entertained by the signatories of the treaty, that, 
in signing it, have not overstepped in any way the 
power given to them by their Governments. He 
explained that when in his previous speech he spoke 
of the spirit of the regulations, he only intended to 
state that he was going to examine the proposition 
of the delegation of Chile before it was put under 
discussion, but not that the ruling of the Chair, 
which is being discussed, was not entirely in ac- 
cordance with reglementary precepts, of which fact 
he was thoroughly convinced, and he believed it 
useless to repeat the arguments which in support of 
this thesis those who have preceded him in speaking 
thereon had advanced in such a brilliant manner. 
He believed it indispensable to justify the work of 
the fifteen delegations, on account of the part which 
Mexico had taken in the same, and to declare cate- 
gorically that it was neither concocted in the ante- 
chambers, nor could the terms "surreptitious " be 
applied to it, inasmuch as it represented the agree- 
ment arrived at, with the knowledge of all, by the 
majority of the delegations who form this Confer- 
ence, in the exercise of the most perfect right, and 
in obedience to the most exalted reasons of pru- 
dence and fraternal feeling, which reasons had al- 
readv been stated to the assembly by Messrs. Bu- 



334 Appendix 

chanan and Bermejo. If the proceedings, of which 
the Delegates are all aware, had been adopted, it 
was in order to avoid friction and with ideas of con- 
ciliation, and in this re-gard the speaker believed 
himself under the obligation to express, in his own 
name, in that of his delegation, of the Government 
and of his people, his deep gratitude to the signa- 
tory delegations for the great prudence with which 
they have acted and with which they have contrib- 
uted so effectively to prevent greater difficulties. 
Mr. Walker Martinez feared that the Second Pan- 
American Congress would result in a failure. Such 
fear was unfounded, and in proof of his assertion, 
it was sufficient to recollect that the American na- 
tions had approached and become acquainted with 
each other, accomplishing in this manner the prin- 
cipal object of their reunion; that six treaties had 
been concluded; that the Adherence to the Confer- 
ence of The Hague had been firmly established, 
and that another Treaty on Compulsory Arbitra- 
tion had been agreed upon. The speaker believed 
it to be his duty, as a Mexican, to offer to the Chil- 
ean delegation his most sincere thanks for the def- 
erence which it believed itself obliged to observe 
toward the President of the assembly; but he asked 
that it should not carry this sentiment to the point 
of forgetting that Mr. Raigosa no longer belongs 
to the delegation of Mexico, but to the whole Con- 
ference, by reason of the office which it had in- 
trusted to him; that the delegation of Chile, like all 



Appendix 335 

the others, was in its most perfect right to oppose 
the rulings of the Chair, and to vote against them, 
and that Mexico would never feel hurt if it should 
do so, because it knows, " that he who uses his 
right offends no one." 

Mr. Bello Codecido, Delegate for Chile, said that 
he did not desire to prolong this debate, which ap- 
peared already exhausted; but that it was necessary 
for him to say a few words in reply to the brilliant 
address of Mr. Macedo. The latter had applauded 
enthusiastically the first part of the proposition of 
the delegation of Chile, in which it manifested its 
adherence to the Treaties of The Hague, but had 
asked it to withdraw its second part, and the speak- 
er proposed to state the unanswerable reasons which 
his delegation had for refusing to do so, as much as 
it regretted not to be g.ble to oblige Mr. Macedo. He 
reiterated the arguments already advanced by the 
delegation of Chile, and which were intended to dem- 
onstrate that it has no power to represent its coun- 
try, except within this Conference, and that it was 
preferable tHat the adherence of the American na- 
tions to the Convention of The Hague should take 
the most solemn form of a vote by the Conference, 
in accordance with its reglementary precepts. He 
stated that the delegation of Chile did neither attack 
nor censure the rulings of the Chair, but endeav- 
ored to find the most appropriate mode of proceed- 
ing in order to accomplish the object which they all 
proposed to attain. Mr. Buchanan had said that the 



336 Appendix 

method chosen by the fifteen delegations was the 
most effective one to avoid angry discussions over 
the burning question of arbitration, but doubtless 
he did not consider that,, if the proposition of Chile 
was accepted, then there would be no such discus- 
sion, inasmuch as there would exist already a pre- 
vious and unanimous agreement of all the delega- 
tions regarding the expediency of the Adherence to 
the Conventions of The Hague. He concluded by 
stating that two petitions had been submitted to 
the Conference; that of the fifteen signatory delega- 
tions, and the proposition of Chile; that the latter 
one was a modification of the former, and that, for 
this reason, relying on the provisions of the regula- 
tions, he asked the Chair to put the proposition of 
Chile immediately to a vote, before the proposition 
of the other delegations. 

Mr. Buchanan, a Delegate for the United States, 
said he wished to express his thanks to his good 
friend, Mr. Bello Codecido, and the other members 
of the Chilean delegation, for the courteous man- 
ner in which they have presented the subject from 
their point of view. He further said that he wished 
to make two requests at this time, in the name of 
those who had signed the portocol: First, that there 
shall be attached to the document a statement to 
the effect that, nothing therein contained, was in- 
tended to have, nor should it have, application to 
any delegation who had not signed the document; 
and, second, that a certified copy of the telegram or 



Appendix 337 

telegrams in the Office of the Conference, from the 
Government of Venezuela, touching the withdrawal 
of that delegation, be attached to the protocol. He 
finally said that the question before the Conference 
was not whether or not the protocol was signed 
within or without the Conference, or anything with 
regard to the authority of those who signed it, but 
simply as to whether the ruling of the Chair, in 
question, was correct. 

Mr. Alzamora, a Delegate for Peru, stated, that 
he should not have taken part in the discussion, by 
reason of obligations he had contracted with the 
delegations of Mexico and of the United States of 
America; but as the signatory delegations had been 
charged with not sustaining the rulings of the 
Chair, and with trying to avoid the discussion, and 
as the expression " Florentine diplomacy " had 
been used, he believed it to be his unavoidable duty 
to say a few words, for the purpose of explaining the 
conduct of his delegation, and to review the history 
of this matter. He thought it strange that the dele- 
gation of Chile should oppose a compliance by the 
Chair of the request of the signatory delegations. 
It was desired to subject to discussion a matter 
which does not need it, because it was definitely de- 
termined. It was desired to make out of this a mat- 
ter to be decided by the regulations, forgetting that 
there are things, such as the agreements between 
sovereign nations, which are superior to all rules, 
to all laws, and, even at times, to all constitutions. 

22 



338 Appendix 

It was asked to refer the project to a commission, 
which after three months has not been able to arrive 
at anything practical. The responsibility of the 
Conference was spoken of, when if any responsibil- 
ity existed, it only belonged to the delegations who 
have subscribed the treaty. He pointed out that 
this treaty was not the work of the Assembly, be- 
cause it has been agreed upon outside of the Con- 
ference, but it must be remembered that whatever 
may be done by the plenipotentiaries forming the As- 
sembly, no matter where they act, their work must be 
considered as that of the Assembly. The speaker 
thought it necessary to give some explanation in 
order that the peoples and the Governments may un- 
derstand this condition, which at first must appear 
to them as an enigma. Since the change of pro- 
gramme, known to all of us, took place in the Bureau 
of American Republics, a difference in the opinions 
and tendencies as to whether or not the question of 
arbitration should be considered in the Conference 
had arisen. After the inauguration of the Congress a 
special committee was appointed, composed of one 
member of each of the delegations, and this fact, in 
the opinion of the speaker, explains the cause of the 
unfruitfulness of its labors. The delegations of the 
United States and of Mexico, desirous, as they were, 
of maintaining harmony among all endeavored to 
limit the discussion to groups more or less homo- 
geneous, and being prompted by a noble sentiment, 
made worthy efforts in order to reach some concilia- 



Appendix 339 

tory ground. As a result of this effort, the two trea- 
ties known to the Assembly were agreed upon : one 
as a simple adherence to the Convention of The 
Hague, and the other, more ample, on Compulsory 
Arbitration. Both are the outcome of constant labor 
of three months ; both represent the triumphant prin- 
ciple of arbitration, and as they are both connected, 
there is no reason why they should follow a different 
course and be submitted to different proceedings. 
The delegation of Chile, according to the statements 
of Mr. Buchanan, exacted that certain points of arbi- 
tration should not be discussed in the Conference, 
and when the signatory delegations chose the method 
known to the Assembly, so as to comply with that re- 
quirement, and only with the object of preserving 
harmony among all, they were surprised to see that 
the same delegation reproached them for having 
signed their treaty outside the Conference, and re- 
quested that it be submitted to the regular proceed- 
ings of the regulations. The delegation of Chile as- 
serted its desire that this matter be discussed here, 
in the Conference ; that of Peru, far from having any 
objection, enthusiastically shared that same desire, 
and if the delegations of the United States and Mex- 
ico would relieve it from its obligation, it will gladly 
enter the debate, to sustain with a firm conviction its 
opinions on the matter of ample and compulsory ar- 
bitration. 

His Excellency the President stated that he could 
not grant the request of Mr. Bello Codecido, Dele- 



340 Appendix 

gate for Chile, to the effect that the proposition sub- 
mitted by his delegation should be voted on imme- 
diately, because, although in conformity with Article 
XVII, which he read, modifications tending to alter a 
resolution must be discussed and voted on before the 
resolution. If the Chilean proposition is examined, 
it will be seen that its first part refers only to the 
adherence to the Conventions of The Hague, which 
does not certainly modify the treaty of the fifteen 
delegations; and with regard to the second part, in 
which it is proposed to submit said treaty to the dis- 
cussion of the Assembly, it cannot either be said that 
Article XVII is applicable thereto, because the note 
of the delegations is not a proposition, but a simple 
statement of facts not susceptible of discussion. The 
truth is that the said second part only refers to the 
ruling of the Chair ; that the slight difference which 
it is intended to establish between the proceedings 
of the Chair and those of the Conference was inac- 
ceptable; that the only thing which had really been 
objected to by the Chilean delegation, the only thing 
which had been discussed and must definitely be sub- 
mitted to the Assembly, was the ruling of the Chair. 
He closed by requesting the Conference to do him 
full justice by recognizing the absolute liberty which 
all the Delegates had in the course of the debate. 

Mr. Blest Gana, a Delegate for Chile, was pleased 
to recognize the justification of the Chair. He de- 
clared that' the delegation of Chile, although it made 
a proposition, did not make concessions of any kind, 



Appendix 341 

nor had contracted any obligation with anybody on 
this matter; that he expressed from the beginning 
his opinions and desires with all sincerity; that he 
appreciated for what they were worth the noble ef- 
forts of the delegations of the United States and 
}>Iexico towards preserving harmony among all ; that 
he had not asked that the matter be referred to the 
Committee on Arbitration for its consideration; and 
that the only thing he wished was the unanimous res- 
olutions of adherence to the Conventions of The 
Hague be resolved by the Assembly with all the for- 
malities of the regulations, thus giving to it a greater 
prestige and authority. The Chilean delegation, in 
conformity with the declaration of its Government 
previous to the assembling of this Conference, was 
not disposed to accept a discussion on arbitration in 
general terms ; it had always asserted with all frank- 
ness that it accepted the Convention of The Hague ; 
but. it had frequently at the same time asserted that 
it did not consider the method proposed to declare 
that adherence as correct. 

At 6.30 P. M. it was announced that as the hour 
fixed by the regulations had passed, the session would 
adjourn, to be continued tomorrow at the customary 
hour. 

THIRTY-SECOND SESSION. 

January i~, 1902. 

The minutes of the session of the 15th instant were 
approved. 



342 Appendix 

Mr. Guachalla, a Delegate for Bolivia, stated : I 
gladly rise to express my thanks to Mr. Pablo Ma- 
cedo, the illustrious Mexican, who for many reasons 
is also our respected and 'distinguished colleague, for 
the kind expressions with which he had praised the 
stand taken by the delegations which have signed 
the Treaty of CompulsoryArbitration, soon to be 
read, and I believe that I am also interpreting the 
feelings of my honorable colleagues to whom I refer 
in making public in their names and in my own the 
expression of our sincere gratitude. Bolivia, it must 
be repeated, has not come to this Conference for the 
purpose of litigating, as I have asserted from the 
beginning on several occasions, nor to make petitions 
of any kind for itself only, but for all the nations rep- 
resented here ; it has come to labor in common, with 
the same spirit of Americanism, permit me the phrase, 
which I am pleased to attribute to all my honorable 
colleagues. Bolivia has not come with any selfish 
interest, because its only interest is the peace and 
harmony of what has been called and must really be 
so, the American family. In compliance with the 
only purpose, and as a representative of Bolivia, I 
have never entered into long discussions, nor have I 
pretended to force my ideas, just because I have 
enough respect for the ideas of others. I have fur- 
ther believed that, before an assembly of such notable 
statesmen, nothing new could be said that was not 
known to them; that in regard to transcendental 
questions all had formed their own convictions, and 



Appendix 34:3 

that they would certainly not change their opinion by 
listening to more or less * extensive and brilliant 
speeches, and that, lastly, a vote only binds those who 
cast it one way or the other. My action in accepting 
willingly and with all deference the respectful sug- 
gestion of my honorable friend, Mr. Buchanan, that 
I may not present at this time some considerations 
which I had intended to submit to the Conference in 
regard to several arguments which I had listened to 
in the session of yesterday, is a further proof of my 
assertions. I will abstain from making use of all the 
arguments which I had prepared, and are contained 
in the notes I have before me, because above all I 
wish for and strongly proclaim harmony and good 
will among all the Delegates assembled in this hall. 
But on withdrawing the notes alluded to, I cannot 
omit a consideration which, among others, justifies 
my vote of adherence to the Conventions of The 
Hague. When the Foreign Office and the very dis- 
tinguished delegation of Mexico looked for a satisfac- 
tory solution for all in the serious question of arbi- 
tration ; when we were spoken to on behalf of recon- 
ciliation in the exalted manner in which we all ap- 
plauded and which will always be a cause of pleasant 
remembrance to us who have had the good fortune of 
coming to this illustrious capital ; when in the name 
of those exalted principles we were asked to join in 
the work of peace, we were very happy to answer to 
this noble initiative by declaring that we all were in 
accord with such exalted intentions, and that we 



34:1 Appendix 

would concur in our part of the labor as much as 
was necessary for the sucess of the work to which 
we were invited. These were the opinions of the 
delegations signing the treaty to which I refer, and 
we have with a serene and determined mind under- 
taken an enterprise which to many seemed imprac- 
ticable ; but which has happily attained a result as to 
which we all must congratulate ourselves. In the 
long series of sessions held by groups more or less 
numerous, the meaning and scope of which sessions 
were known to all, minute by minute, it was pro- 
posed that we should adhere to the Conventions of 
The Hague, and at the same time sign a treaty of 
compulsory arbitration. It seemed to me, and I con- 
fess it candidly, that that plan was illogical and con- 
tradictory. I thus expressed it. But after considering 
it, upon listening to several remarks from distin- 
guished Mexican publicists, I became convinced that 
said plan was correct; because we, who maintain an 
ample arbitration without restrictions, do not ignore 
the right of those who desire it to be limited or 
voluntary. We have, therefore, signed two treaties 
forming an inseparable whole: one formed by those 
who proclaim compulsory arbitration and the other 
by those who wish it to be voluntary : that is to say, 
in one way by some and in another by the others, 
but always in favor of arbitration; the fundamental 
principle thus triumphing not outside but within the 
Conference, without impairing the dignity of any- 
body and with the approval of all. This fact having 



Appendix 345 

been accomplished, cannot be voted upon again, be- 
cause it would be just as much as to request the 
verification of our signatures; and because there is 
no ground for discussion of these matters. I am 
pleased to see that those who have not signed the 
treaty, the ruling of which is being discussed, can 
do so at any time so that we might say that the whole 
of America proclaims peace and justice through ar- 
bitration. In this plausible work, the Mexican dele- 
gation, instructed in a noble manner by its illus- 
trious Government, has taken a very important part, 
as well as the delegation of the United States of 
America. It is but right to express our apprecia- 
tion and gratitude for the useful work to which they 
have so efficaciously contributed. The unselfish, calm 
and correct attitude of those who in such a frank 
and generous way have received us as their guests 
shall appear with brilliancy in the annals of the Sec- 
ond International Congress. To their constant ef- 
forts is due that the expressive emblem placed over 
the presidential chair with the motto, " Pax, Lex," 
has been realized, because the adoption of arbitra- 
tion as an American principle means safety and equity 
that love and peace will bring about for the welfare 
of the nations. I wish, honorable Delegates, in my 
own name and in that of my country and Govern- 
ment, that, before we leave this noble and hospitable 
country, to which we owe inexpressible gratitude, be- 
cause I lack words to express it; at any rate on my 
part, I wish that we could say very loudly that the 



346 Appendix 

principle of arbitration has not been a failure in the 
Second International Conference; and that its white 
flag is waving over the summit of the mountains, 
over the waves of the sea and the rivers, over the 
whole continent, under the serene and cloudless sky 
of harmony and mutual respect of peace, and of the 
brotherhood of all the countries of America. 

Mr. Pardo, Delegate of Mexico, said that in order 
to put an end to any feeling of uneasiness on the 
part of the Assembly, he would commence by stating 
that it was not his purpose to make a speech;- in the 
first place, because this was not the occasion for one, 
and in the second, because he was the least fit for 
that purpose; but it was impossible for him to re- 
main silent in the presence of the statement just 
made by the Delegate for Bolivia. He had desired 
to take advantage of the opportunity to acknowl- 
edge the efforts by which the delegations of the 
United States and of Mexico had succeeded in bring- 
ing about a conciliation upon the question of arbitra- 
tion, which had threatened to endanger the success 
of the Conference, and to compel the Delegates who 
had come to take part in it to depart from this city 
without having accomplished the principal object for 
which they were convoked. Mr. Guachalla has stated, 
and we are very glad that he has done so, how pains- 
taking and efficacious had been the effort of the dele- 
gations of the United States and of Mexico, for the 
purpose of arriving at the result which we have at- 
tained ; but he has omitted to say, and it is but just 



Appendix 347 

that the Mexican delegation should say it, that this 
result is due in a great measure to the generous def- 
erence of the Delegates, with whom the speaker has 
had the honor to confer on this delicate matter. Mr, 
Pardo has been a witness of the good will and of the 
spirit of conciliation, with which they have proceeded, 
and of the cordiality with which they have lent them- 
selves to continue in the negotiations which these two 
treaties have brought about ; the one of adherence to 
the Convention of The Hague, and that of Compul- 
sory Arbitration, which by themselves are sufficient 
to demonstrate the importance and the complete suc- 
cess of the work of the Conference. 

Mr. Buchanan said : Mr. President — I beg the 
further indulgence of the Chair, pending the final 
orders to carry out the ruling with regard to the doc- 
ument now upon the desk of this Conference, in order 
that I may give expression to that deep sense of sat- 
isfaction that I am sure would be felt by every delega- 
tion represented here, and by the republics they rep- 
resent, if we could make effective on the part of all 
the delegations represented in this Conference, as it 
is effective to all intents and purposes, the recom- 
mendations covering the adherence to The Hague 
Conventions. Such an expression would be of great- 
er lasting benefit to the relations existing between the 
republics represented here, and would do more 
than would anything else we might do toward 
cementing that cordiality, that good will, and that sin- 
cere friendship which in reality exist between all of 



348 Appendix 

the Delegates and delegations represented here. With 
the deep belief that the results I have named can be 
accomplished, and with a feeling of entire confidence 
in the generous and patriotic impulses which move 
each Delegate and each delegation here present, to- 
ward doing everything they can that will make this 
Conference memorable in the annals of the history 
of the republics here represented, I beg, at this time, 
and pending the final orders of the Chair with regard 
to the document in question, to express my sincere 
conviction that these splendid results can now be ac- 
complished in a manner satisfactory to all ; con- 
sistent with the rights of each delegation, and in 
keeping with that elevated spirit of confraternity 
which has been shown in this Conference upon all 
occasions. The minutes of this Conference for the 
past two days show in the remarks officially made 
here by each of the distinguished Delegates of the 
Chilean delegation, and by the distinguished Delegate 
from Ecuador, their entire and hearty concurrence 
in the principles of The Hague Conventions, and their 
cordial and unqualified acceptance thereof. There is, 
therefore, on record in this Conference these facts ; 
and to the end that these expressions of adherence 
on the part of the two distinguished delegations may 
have that proper, courteous and consistent weight 
and voice given to the similar expressions made in 
the Protocol in question on the part of their delega- 
tions, I respectfully request the Chair, in the name 
of the delegations who have signed the Protocol, and 



Appendix 349 

with the consent of the distinguished delegation of 
Chile and that of Ecuador, to transmit with said Pro- 
tocol the minutes of the two past days referred to, 
in order that the Protocol and the said minutes shall 
be communicated to the Minister of Foreign Affairs 
of Mexico in the form and manner expressed by said 
Protocol, requesting said Minister, in addition, that 
these documents be communicated to the respective 
Governments represented in this Conference as an 
expression of the general adherence to the Conven- 
tions of The Hague, and that these explanatory re- 
marks shall be forwarded alike to said Ministry. 

Mr. Blest Gana, Delegate for Chile, and Mr. Carbo, 
Delegate for Ecuador, expressed to Mr. Buchanan 
their gratitude for the support which he had given in 
favor of the adherence to the Treaties of The Hague, 
and in the name of their respective delegations ac- 
cepted the proposition of the Delegate of the United 
States, because it fulfilled the desires expressed by 
them in the course of the debate. 

The Chair, in view that the delegations of Chile 
and Ecuador had expressed their acquiescence in the 
ruling of the Chair, which had been under discussion 
during the last four sessions, and the carrying out of 
which had been proposed by Mr. Buchanan, Dele- 
gate of the United States, in the name of the remain- 
ing delegations which formed the Conference, ruled 
that when sending the project of the treaty and the 
petition signed by the fifteen delegations to the De- 
partment of Foreign Affairs of the Mexican Repub- 



350 Appendix 

lie. the same should be accompanied by a certified 
copy of the minutes of the last sessions, as soon as 
they are approved, and of the present one, in so far as 
they bear on the subject, for the purpose of proving 
the unanimous adherence to the Conventions of The 
Hague, and that the same might be so communicated 
to the Governments represented in the Conference. 

The Chair stated that the propositions of the dele- 
gations of Colombia and Chile were now in order 'for 
their discussion, but as, in his opinion, they should be 
considered as withdrawn, in view of the approval 
by those delegations of the ruling of the Chair, he 
requested them, nevertheless, to declare in a positive 
manner, if they agreed to the withdrawal of the said 
propositions. 

General Reyes. Delegate for Colombia, and Bello 
Codecido, for Chile, stated that they withdrew their 
respective propositions, the last named adding that 
the delegation of Chile maintained the preamble, 
which served as the foundation for its adherence to 
the Treaties of The Hague. 

The Chair ruled that the preamble referred to be 
published in the minutes of today's session (Annex 
No. i). 

The secretary read a note addressed to the Chair 
by the delegations of the Argentine Republic, Bolivia, 
Dominican Republic, Guatemala, Salvador, Mexico, 
Paraguay, Peru, Uruguay and Venezuela, who form 
the majority of those represented in the Confer- 
ence, in which thev communicate that thev have con- 



Appendix 351 

eluded a treaty of compulsory arbitration, besides 
the one of adherence to the Conventions of The 
Hague, and that they send the said treaty to the Con- 
ference, in order that as soon as it has taken knowl- 
edge of the same, it should transmit said treaty to 
the Department of Foreign Affairs of Mexico in 
order that it may be perfected. The treaty accom- 
panying said note was also read, and both documents 
are added to these minutes as Annex No. 2. 

The Chair ruled : That the Treaty of Compulsory 
Arbitration, signed by the majority of the degela- 
tions, be transmitted to the Department of Foreign 
Affairs of Mexico by the Secretary-General of the 
Conference, for the purpose stated in the communica- 
tion of the delegations who have signed the same. 

A note of Mr. Galavis, Delegate for Venezuela, was 
read, in which he stated that he had received a tele- 
gram from his Government under date of 14th in- 
stant, in which he was informed that the Venezuelan 
delegation was withdrawn. The Chair ruled that its 
receipt be acknowledged, expressing regrets. 



352 Appendix 



TRANSLATION OF THE PROTOCOL OF 

ADHERENCE TO THE CONVENTIONS 

OF THE HAGUE.* 

Whereas, The Delegates to the International 
Conference of the American States, believing that 

public sentiment in the republics represented by 
them is constantly growing in the direction of 
heartily favoring the widest application of the prin- 
ciples of arbitration; that the American republics, 
controlled alike by the principles and responsibili- 
ties of popular government and bound together by 
increasing mutual interests, can, by their own ac- 
tions, maintain peace in the Continent, and that 
permanent peace between them will be the forerun- 
ner and harbinger of their national development, 
and of the happiness and commercial greatness of 
their peoples ; they have, therefore, agreed upon the 
following 

PROJECT. 

Article I. The American republics, represented at 
the International Conference of American States in 
Mexico, which have not subscribed to the three 
conventions signed at The Hague on the 29th of 
July, 1899,, hereby recognize as a part of Public In- 
ternational Law the principles set forth therein. 

Article II. With respect to the conventions which 
are of an open character, the adherence thereto will 

*See Debate. 



Appendix 353 

be communicated to the Government of Holland 
through diplomatic channels by the respective Gov- 
ernments, upon the ratification thereof. 

Article III. The wide general convenience being 
so clearly apparent that would be secured by con- 
fiding the solution of differences to be submitted to 
arbitration to the jurisdiction of a tribunal of so high 
a character as that of the Arbitration Court at The 
Hague, and, also, that the American nations, not 
now signatory to the Convention creating that be- 
neficent institution, can become adherents thereto 
by virtue of an accepted and recognized right; and, 
further, taking into consideration the offer of the 
Governments of the United States of America and 
the United States of Mexico, the Conference hereby 
confers upon said Governments the authority to ne- 
gotiate with the other signatory Powers to the Con- 
vention for the Peaceful Adjustment of Interna- 
tional Differences, for the adherence thereto of the 
American nations so requesting and not now signa- 
tory to the said Convention. 

Article IV. In order that the widest and most un- 
restricted application of the principle of just arbi- 
tration may be satisfactorily and definitely brought 
about at the earliest possible day, and, to the end 
that the most advanced and mutually advantageous 
form in which the said principle can be expressed in 
a convention to be signed between the American 
republics may be fully ascertained, the President of 
Mexico is hereby most respectfully requested to as- 

23 



354 Appendix 

certain by careful investigation the views of the dif- 
ferent Governments represented in the Conference 
regarding the most advanced form in which a Gen- 
eral Arbitration Convention could be drawn that 
would meet with the approval and secure the final 
ratification of all the countries in the Conference, 
and, after the conclusion of this inquiry, to prepare 
a plan for such a General Convention as would ap- 
parently meet the wishes of all the republics; and, 
if possible, arrange for a series of protocols to carry 
the plan into execution; or, if this should be found 
to be impracticable, then to present the correspond- 
ence with a report to the next Conference. 

Mexico, January 15th, 1902. 



Appendix 355 



TRANSLATION OF TREATY ON COMPULSORY 
ARBITRATION. 

City of Mexico, January 29th, 1902. 

Department of State and of Foreign Affairs. — 
Mexico. — Bureau for America, Asia, and Oceanica. 

In order that it be published, together with other 
documents relating to the Conference, and in com- 
pliance with your request, I have the honor of trans- 
mitting to you herewith a copy of the Treaty on 
Compulsory Arbitration, signed by some of the del- 
egations, which treaty was sent by you to this De- 
partment as a project, for the purpose of raising it 
to the category of an International Convention. 

Please accept the expression of my high esteem. 
(Signed) Mariscal. 

To the Secretary-General of the American Interna- 
tional Conference. 

Article I. The High Contracting Parties obligate 
themselves to submit to the decision of arbitrators 
all controversies that exist, or may arise, among 
them, and which diplomacy cannot settle, provided 
that in the exclusive judgment of any of the inter- 
ested nations said controversies do not affect either 
the independence or the national honor. 

Article II. Independence or national honor shall 
not be considered as involved in controversies with 
regard to diplomatic privileges, boundaries, rights 



356 Appendix 

of navigation, and validity, construction and en- 
forcement of treaties. 

Article III. By virtue of the power established in 
Article XXVI of the Convention for the Peaceful 
Adjustment of International Differences, signed at 
The Hague on July 29th, 1899, the High Contracting 
Parties agree to submit to the decision of the Per- 
manent Court of Arbitration, created by such Con- 
vention, all the controversies referred to in the pres- 
ent treaty, unless either of the parties prefers the 
establishment of a special tribunal. 

In the event that the High Contracting Parties 
should submit to the jurisdiction of the Permanent 
Court of The Hague, they accept the precepts of 
said Convention, both with respect to the organiza- 
tion of the tribunal as to its procedure. 

Article IV. Whenever a special tribunal should be 
organized on any account, whether it is so desired 
by any of the parties, or because the Permanent 
Court of Arbitration of The Hague should not be 
opened to them, the procedure to be followed shall 
be established at the time the arbitration agreement 
is signed. The court shall determine the date and 
place of its sessions and the language to be used, and 
shall, in every case, be invested with the authority 
to decide all questions relating to its own jurisdic- 
tion and even those referring to the procedure of 
points not considered in the arbitration agreement. 

Article V. If upon organizing a special tribunal 
the High Contracting Parties should not agree upon 



Appendix 357 

the designation of the arbitrator, the tribunal shall 
consist of three judges. Each State shall appoint 
an arbitrator, who will designate an umpire. Should 
the arbitrators fail to agree on this appointee, it 
shall be made by the Government of a third State, 
to be designated by the arbitrators appointed by 
the parties. If no agreement is reached with re- 
gard to this last appointment, each of the parties 
shall name a different Power, and the election of 
the third arbitrator shall be made by the two Pow- 
ers so designated. 

Article VI. The High Contracting Parties hereby 
stipulate that, in case of a serious disagreement or 
conflict between two or more of them, which may 
render war imminent, they will have recourse, as 
far as circumstances allow, to the good offices or 
the mediation of one or more friendly Powers. 

Article VII. Independently of this recourse, the 
High Contracting Parties consider it useful, that 
one or more Powers, strangers to the dispute, should 
on their own initiative, as far as circumstances will 
allow, offer their good offices or mediation to the 
States at variance. 

The right to offer the good offices or mediation 
belongs to Powers who are strangers to the conflict, 
even during the course of hostilities. 

The exercise of this right shall never be regarded 
by either of the contending parties as an unfriendly 
act. 

Article VIII. The part of the mediator consists in 



358 . Appendix 

reconciling the opposing claims and appeasing the 
feelings of resentment which may have arisen be- 
tween the States at variance. 

Article IX. The functions of the mediator are at 
an end when once it is declared, either by one of the 
parties to the dispute or by the mediator himself, 
that the methods of conciliation proposed by him 
are not accepted. 

Article X. Good offices and mediation, whether 
at the request of the parties at variance or upon the 
initiative of Powers who are strangers to the dis- 
pute, have exclusively the character of advice, and 
never have binding force. 

Article XL The acceptance of mediation cannot, 
unless there be an agreement to the contrary, have 
the effect of interrupting, delaying or hindering mo- 
bilization, or other measures of preparation for war. 
If mediation occurs after the commencement of hos- 
tilities, it causes no interruption to the military op- 
erations in progress, unless there be an agreement 
to the contrary. 

Article XII. In case of a serious difference endan- 
gering peace, and whenever the interested Powers 
cannot agree in electing or accepting as mediator a 
friendly Power, it is to be recommended to the 
States in dispute the election of a Power to whom 
they shall respectively entrust the mission of enter- 
ing into direct negotiation with the power elected 
by the other interested party, with the object of pre- 
venting the rupture of pacific relations. 



Appendix 359 

For the period of this mandate, the term of which, 
unless otherwise stipulated, cannot exceed thirty 
days, the contending Powers shall cease all direct 
communication on the subject of the dispute, which 
is regarded as referred exclusively to the mediat- 
ing Powers. 

If these friendly Powers do not succeed in agree- 
ing on a solution that would be acceptable to those 
in conflict, they shall designate a third that is to act 
as mediator. This third Power, in case of a defi- 
nite rupture of pacific relations, shall at all times be 
charged with the task of taking advantage of any 
opportunity to restore peace. 

Article XIII. In controversies of an international 
nature arising from a difference of opinion on points 
of fact, the signatory Powers consider it useful that 
the parties who have not been able to come to an 
agreement by means of diplomacy, should, so far as 
circumstances allow, institute an International Com- 
mission of Inquiry, to facilitate a solution of those 
differences, elucidating the facts by means of an 
impartial and conscientious investigation. 

Article XIV. The International Commissions of 
Inquiry are constituted by special agreement. The 
agreement defines the facts to be examined, and the 
extent of the commissioners' powers, and settles the 
procedure to which they must limit themselves. On 
the inquiry both sides shall be heard, and the form 
and periods to be observed, if not stipulated by the 
agreement, shall be determined by the Commission 
itself. 



360 Appendix 

Article XV. The Internaational Commissions of 
Inquiry are constituted, unless otherwise stipulated, 
in the same manner as the Tribunal of Arbitration. 

Article XVI. The Powers in dispute engage to 
supply the International Commission of Inquiry, as 
fully as they may deem possible, with all means and 
facilities necessary to enable it to be completely ac- 
quainted with and to accurately understand the facts 
in question. 

Article XVII. The above-mentioned Commissions 
shall limit themselves to ascertain the truth of the 
facts alleged, without entering into any other ap- 
preciations than those merely technical. 

Article XVIII. The International Commission of 
Inquiry shall present its report to the Powers which 
have constituted it, signed by all its members. This 
report, limited to the investigation of facts, has in 
no manner the character of an arbitral award, and 
it leaves the contending parties at liberty to give it 
the value they may deem proper. 

Article XIX. The constitution of Commissions of 
Inquiry may be included in the arbitration bonds, 
as a previous proceeding, to the end of determining 
the facts which are to be the subject of the inquiry. 

Article XX. The present treaty does not abrogate 
any previous existing ones, between two or more of 
the contracting parties, in so far as they give greater 
extension to compulsory arbitration. Neither does 
it alter the stipulations regarding arbitration, relat- 
ing to specific questions which have already arisen, 



Appendix 361 

nor the course of arbitration proceedings which 
may be pending by reason of the same. 

Article XXI. Without the necessity of exchanging 
ratifications, this treaty shall take effect so soon as 
three States, at least, of those signing it, express 
their approval to the Government of the United 
States of Mexico, which shall communicate it to 
the other Governments. 

Article XXII. The nations which do not sign the 
present treaty, may adhere to it at any time. If 
any of the signatory nations should desire to free 
itself from its obligations, it shall denounce the 
treaty; but such denouncement shall not produce 
any effect except with respect to the nation which 
may denounce it, and only one year after the noti- 
fication of the same has been made. 

Whenever the denouncing nation shall have any 
arbitration negotiations pending at the expiration 
of the year, the denouncement shall not have any 
effect with reference to the case not yet decided. 

GENERAL PROVISIONS. 

1. This treaty shall be ratified as soon as possible. 

2. The ratifications shall be forwarded to the De- 
partment for Foreign Relations of Mexico, where 
they shall be deposited. 

3. The Mexican Government shall send a certi- 
fied copy of each of them to the other contracting 
Governments. 

In virtue whereof they have signed the present 



362 Appendix 

treaty, and have attached their respective seals 
thereto. 

Made in the City of Mexico, on the 29th day of 
January, 1902, in one single copy, which shall be 
deposited in the Department for Foreign Relations 
of the United Mexican States, a certified copy of 
which shall be sent, through diplomatic channels, 
xo each of the contracting Governments. 



Appendix 363 



INSTRUCTIONS TO THE UNITED STATES 
DELEGATES. 

Executive Mansion, 
Washington, October 8, ipoi. 
The Honorable Secretary of State. 

Sir : An International Conference of the Ameri- 
can States having been proposed by the Executive 
Committee of the International Union of American 
Republics, to be held in Mexico in October, 1901, 
and the Government of the United States having ac- 
cepted an invitation to send delegates thereto, my 
predecessor in office has designated as delegates to 
that Conference Henry G. Davis, of West Virginia ; 
William I. Buchanan, of Iowa; Charles M. Pepper, 
of the District of Columbia; Volney W. Foster, of 
Illinois, and John Barrett, of Oegon. 

The Commission above named will act under the 
direction of the Department of State, to which it will 
make all necessary reports, and which will arrange 
for the transportation and entertainment of its mem- 
bers and for such clerical service as it may require, 
in accordance with an Act of Congress making pro- 
vision for this purpose. 

The end toward which the proposed Conference is 
directed is the promotion of the mutual prosperity 
of the American republics, and of harmony between 
them. The interests likelv to be affected bv its dis- 



364 Appendix 

cussions and conclusions are (i) political, (2) com- 
mercial, and (3) special. The general principles 
which should guide the Delegates in the performance 
of their duties may therefore be indicated under these 
heads. 

I. — POLITICAL QUESTIONS. 

The chief interest of the United States in relation 
to the other republics upon the American Conti- 
nent is the safety and permanence of the political 
system which underlies their and our existence as 
nations — the system of free self-government by the 
people. It is, therefore, to be desired that all the 
American republics should enjoy in full measure the 
blessings of perfect freedom under just laws, each 
sovereign community pursuing its own course of 
orderly development without external restraint or 
interference. To this condition of security the peace 
and prosperity of all our neighbors will materially 
contribute. Every failure on their part to main- 
tain social order, every economic distress which 
might give rise to domestic disturbance, every dis- 
cord between them which could impede their indus- 
tries, menace their stability, or bring upon them 
the calamity of foreign interference, would be a 
misfortune to us. It should, therefore, be the effort 
of this commission to impress upon the representa- 
tives of our sister republics of Central and South 
America that we desire, above all, their material 
prosperity and their political security, and that we 
entertain toward them no sentiments but those of 
friendship and fraternity. 



Appendix 365 

The method by which this result may be best ac- 
complished is not, however, that of direct assur- 
ance, (but of generous co-operation for the com- 
mon good, and sincere interest in the efforts and as- 
pirations of our neighbors to attain it. It is not, 
therefore, opportune for the Delegates of the Uni- 
ted States to assume the part of leadership in the 
Conference, either in its official organization or in 
its discussions — a position which naturally belongs 
to Mexico, the inviting nation and host of the occa- 
sion. It is desirable that the plans and propositions 
of the Latin-American States should be solicited, 
received with consideration, and, if possible, brought 
to fruition — if this can be done in consonance with 
our national interests and without offense to other 
Powers. Great care should be taken not to wound 
the sensibilities of any of the republics, or to take 
sides upon issues between them, but to treat them 
with frankness, equity and generosity, and to disa- 
buse their minds of any false impressions, if such 
exist, regarding the attitude and purposes of the 
United States. 

Owing to the fact that the Executive Committee 
of the Union of American Republics is located in 
Washington, many of the preliminaries to the Con- 
ference have been conducted here, and the records 
of that committee show how careful its presiding 
officer, the Secretary of State, has been to avoid in- 
itiative, to leave all to the representatives of the 
Central and South American republics, and to liar- 



366 Appendix 

monize their differences of view in such a manner 
as to result in the presence of Delegates from all 
the countries invited to the Conference. This course 
of conciliation should be continued, if possible, 
throughout the Conference, and every effort made 
to secure the greatest possible unity of action. 

With respect to political differences subsisting 
between the States of Central and South America, 
it is important for the commission to proceed with 
great caution. The general principle should be to 
enter as little as possible into these questions. At 
the same time it will be useful to impress upon all 
the deep interest which the Government of the Uni- 
ted States has in the peace and tranquility of all 
the American States and in their territorial integrity. 
While no specific engagements or declarations 
should be made with regard to such questions, it is 
desirable to cause it to be generally understood that 
the quarrels of neighboring States cannot be with- 
out effect upon the interests of the United States, 
and that this Government would seriously condemn 
any attempt to destroy the territorial integrity or 
to encroach upon the sovereign rights of the ex- 
isting States, or any conduct on their part which 
might tend to evoke such a calamity. 

The attitude of the United States toward the spe- 
cial questions which have arisen in connection w T ith 
the territorial difficulties between Chile and Peru 
will be considered in another place. 

Nothing is of greater importance from a political 



Appendix 367 

point of view than that the United States should be 
understood to be the friend of all the Latin-Ameri- 
can republics, and the enemy of none. To this end 
it will be prudent to propose nothing radical, to 
favor a free expression of views among the Dele- 
gates of the other Powers, and to favor and support 
only such measures as have the weight of general 
acceptance, and clearly tend to promote the com- 
mon good. 

II. — COMMERCIAL QUESTIONS. 

With reference to questions of a commercial and 
industrial character, it is important to lay special 
stress upon the growing desire in the United States 
to secure the largest mutuality of interest, and to 
avoid even the semblance of an attempt to obtain 
unfair advantages for ourselves. The true interest of 
our people, it is being more and more generally ad- 
mitted, lies in helping the Latin-American countries 
with our more advanced industries and our charac- 
teristic forms of energy to expand into strong and 
flourishing communities, and not in seeking to ag- 
grandize ourselves at their expense. In develop- 
ing closer relations with them, we should be most 
careful of their autonomy. The most beneficent 
form of Pan-Americanism for ourselves, as well as 
for our sister republics, will be found in a free local 
development over the entire Continent. If the in- 
fluence of the United States spreads southward, it 
will be a pacific, not a hostile, influence. 



368 Appendix 

We find in Mexico, the West Indies and Central 
America the most gratifying evidence of progress 
on the part, not only of our manufactures and other 
products, but of immigration from the United 
States and the investment of our capital in various 
forms of industrial enterprise. In Mexico this 
movement is most marked. Within the past few 
years our money has flowed into that country in a 
constantly swelling stream, and is now largely in- 
vested in railways, mining, and banking enterprises. 
The natural result has been a steady increase in 
friendliness and appreciation of us as a people, and 
we in turn have benefited greatly by the increase of 
trade which necessarily grows out of such condi- 
tions. In Central America the growth of our busi- 
ness relations is not so marked, but is encouraging. 
We are fast gaining ground in the trade of the West 
Indies, and are contributing to the financial and in- 
dustrial interests of those islands. 

The fact that our trade with South American 
countries remains nearly stationary is probably to be 
explained by their greater distance from us, the lack 
of transportation facilities, and the larger profits to 
be reaped by exporters in countries which can be 
reached more expeditiously, or more economically 
— as, for example, Mexico, Canada, and even the 
great commercial nations of Europe. It is found, 
however, that where our goods are properly intro- 
duced in South America, they obtain a ready sale 
and speedily become popular. If our manufacturers 



Appendix 369 

are successfully competing with European indus- 
tries by their increasing sale in the home markets 
of the latter, it would seem to be a foregone con- 
clusion that they will also compete with them suc- 
cessfully in distant markets, such as South Amer- 
ica; and we may assume that, if the proper means 
are provided, the volume of our trade with South 
America will soon grow to large proportions. 
These means are: Adequate transportation facili- 
ties, such as steamship lines, railroads, and an isth- 
mian canal; reciprocal trade relations; participation 
in the business of banking, and a corps of commer- 
cial travelers specially equipped for the Latin-Am- 
erican trade. It is not impossible that, following 
such development, the magnificent conception of 
an international railroad connecting the United 
States with the remotest parts of South America 
may at last be realized. All such enterprises are 
deserving of encouragement, but the essential thing 
in the efforts of our commission at the Conference 
will be to cultivate a sympathetic spirit and en- 
deavor to remove any prejudices that may exist 
against us as a people; thus sowing the seed of 
friendly relations, of business confidence, and of 
permanent feelings of good-will. 

It is not unworthy of attention that the accentua- 
tion of our desire for increased commercial facili- 
ties may be misunderstood and awaken the feeling 
that in wishing to cultivate closer relations with our 
southern neighbors we are prompted by merely 

24 



370 Appendix 

mercenary motives. Such a misconception may be 
best avoided by giving prominence to the moral as 
well as the material advantages which these rela- 
tions would bestow upon all the American nations 
in the development of their industries, and the 
greater stability of their institutions resulting from 
a better economic condition. Whatever advantages 
the extension of trade has to offer are of necessity 
reciprocal. By opening a wider market to our pro- 
ductions, our sister republics will greatly extend 
their own. It should be made clear to them that 
we shall naturally and almost inevitably take most 
from those who take most from us. 

The policy of our Government is well and clearly 
expressed in the memorable address of our lamented 
President, delivered at Buffalo, in which he said: 

' We must not repose in fancied security that 
we can forever sell everything and buy little or noth- 
ing. If such a thing were possible, it would not be 
best for us or for those with whom we deal. * * 

* Reciprocity is the natural outgrowth of our 
wonderful industrial development." 

III. — SPECIAL QUESTIONS. 

i. Programme. — If a question should arise re- 
garding the range and character of subjects to be 
discussed by the Conference, or the optional or ob- 
ligatory nature of the tentative programme sent out 
by the Mexican Government, or the application of 
amendments thereto bv the Executive Committee 



Appendix 371 

of the Union of American Republics, the commis- 
sion will hold that it is for the Conference to de- 
termine, according to the usual rules of deliberat- 
ive bodies, its competence to take cognizance of and 
to discuss any matters which may be introduced by 
the Delegates pertinent to the objects for which 
the Conference is called. 

2. Arbitration. — The Government of the United 
States is favorable to the pacific settlement of inter- 
national disputes, and will be gratified to see pro- 
vision for such settlement promoted and applied 
wherever practicable. In the discussion of this sub- 
ject and in the formation of any convention that 
may be proposed relating to it, the commission 
will be guided by the following general principles: 
(i) All arbitration should be voluntary; (2) the 
choice of judges should be left to mutual agree- 
ment; (3) the locality in which a tribunal of arbi- 
tration is to act, in case one should be instituted, 
should not be definitely prescribed in a general con- 
vention. 

3. The disputes bet-ween Peru and Chile. — While 
the policy of the United States in advocating the 
pacific settlement of disputes should be strongly 
impressed upon our Delegates, and clearly ex- 
pressed by them upon proper occasion in the Con- 
ference, and while the attitude and declarations of 
the United States at The Hague demonstrate the 
interest of our Government in providing an inter- 
national forum whereby two States, engaged in a 



372 Appendix 

controversy otherwise irreconcilable, may have 
open to them a judicial means of determining the 
issue according to the principles of justice and 
with honor to both, it is not the province of a vol- 
untary Conference to enforce the employment of 
these honorable means of settling differences. As 
regards the present disputes between Peru and 
Chile, therefore, we cannot support the view which 
would assert the competence of this Conference to 
assume the responsibilities of an arbitral board by 
taking cognizance of these disputes and providing 
in terms for their settlement. The delegation of 
the United States could not properly join in the as- 
sumption of any such function by the Conference, 
unless it should appear that such action were to be 
taken upon the request of both parties for the exer- 
cise of its good offices. 

On the other hand, while our Government is not 
disposed to participate without the consent of both 
disputants in the reconciliation of their opposing 
interests, it cannot forego the privilege of discuss- 
ing the general merits of arbitration, should the 
Conference decide to consider that subject, nor sur- 
render the right to express opinions with regard to 
the extent of its theoretical application. It would 
be unreasonable to maintain that an impression as 
to the merits of a pending controversy should si- 
lence the discussion of general principles; but it 
would doubtless render such discussion fruitless to 
apply them, without general agreement, to a con- 



Appendix 373 

crete case. The Delegates will, therefore, as their 
prudence may dictate, give such support to the 
principle of the pacific settlement of disputes as the 
occasion may seem to justify; but they will refrain 
from any effort to have the Conference take cogni- 
zance of any existing controversy with a view to its 
settlement, unless the good offices of that body are 
invoked by both the opposing parties. If such a 
controversy is brought by others before the Con- 
ference, they will do all in their power to preserve 
general harmony, and will maintain a strict neu- 
trality. 

4. International Court of Claims. — It has been 
thought that an organized tribunal for the adjust- 
ment of indemnity claims arising between the Am- 
erican republics may not be impracticable, and may 
constitute a distinct advance in the administration 
of justice by serving to adjust many vexatious dif- 
ferences of this nature which might not readily 
yield to diplomatic treatment. The expression, 
" Court of Claims," however, while convenient, is 
objectionable, partly because certain domestic 
courts bear that title, and partly because the name, 
as applied internationally, may easily give rise to 
misapprehension. A better designation, perhaps, 
would be a " Tribunal of International Equity," its 
precise purpose being to secure equity for those 
who are believed to have suffered injustice in a for- 
eign country for which there is no existing judicial 
remedy. 

The Government of the United States is favora- 



374 Appendix 

ble in principle to the establishment of such a tri- 
bunal for the American republics, if it is found 
practicable, but the form in" which it should be con- 
stituted presents a serious difficulty. It is desirable, 
if possible, to avoid the well-known evils of mixed 
commissions, and it would be a great convenience 
to have a well-conceived permanent tribunal, to 
which questions of indemnity might be referred 
without the delay of forming a special board of ar- 
bitration. The general principles already named 
under the head of arbitration would also have ap- 
plication here. The constitution of The Hague Tri- 
bunal may suggest a general plan of organization, 
particularly as regards its representative idea, each 
constituent Power furnishing one or more mem- 
bers, with provision for constituting a particular 
bench of judges ad hoc, composed of one, three, 
five, or seven persons, according to the importance 
of each particular case. The Government of the 
United States has no special plan to offer, however, 
believing it to be preferable that proposals and proj- 
ects upon this subject should come from the other 
American States, The success of such a tribunal 
would depend largely upon the personnel of the 
court as actually constituted, and the public accept- 
ance of its earliest decisions. Opposition would, no 
doubt, be diminished if the plan presented should 
be of a tentative character, leaving details to subse- 
quent evolution, as experience might justify. In 
case a general convention should be formulated by 
the Conference, it would add to the probability of 



Appendix 375 

its general ratification, if the experiment should be 
for a limited time, and should embody nothing com- 
pulsory. Every successful effort to accomplish its 
purpose would then strengthen its support and 
gradually commend it to public confidence. 

5. Bureau of American Republics. — Regarding 
the reorganization of the Bureau of American Re- 
publics, included in the tentative programme, the 
Department of State has no special suggestions to 
make. The reorganization contemplated has doubt- 
less appeared desirable from the experience of the 
Bureau in dealing with the interests committed to 
its supervision, and the Director, who has probably 
ascertained the views of the Executive Committee, 
will be best qualified to offer suggestions upon this 
subject. 

In conclusion, it is hoped that the personal con- 
tact and exchange of views for which the Confer- 
ence affords occasion may tend to tighten the bonds 
of friendship and good understanding between all 
the republics represented, and give new assurance 
of the relations of mutual good-will and helpfulness 
which it is designed to cultivate. The Delegates 
will not fail to convey to the President and Gov- 
ernment of Mexico the pleasure felt by this Gov- 
ernment in accepting the hospitality generously ex- 
tended to the representatives of the United States, 
and the gratification afforded by the relations of 
amity and cordial intercourse now existing between 
the two republics. Very respectfully, 

(Signed) Theodore Roosevelt. 



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